right away

[scott marlow]

What is the name of your state (only U.S. law)? Upstate New York

I live at the end of a private dirt road that has been here for decades. It provides access to 6 homes(I own 2 of them.) Four of the homes are only used in warm weather, my neighbor and I are here year round. They have many vehicles and company driving in and out daily. I live at the end of this road as it goes out to a public road. The private dirt road goes between my house and garage and has many negative aspects to it. I want to redirect the traffic to the public road at a point before my garage on a road that will be properly constructed and wholly on my land. It will not involve any other parcel. In addition, the point where my road meets the public road will provide much better visibility, therefore safer access.
I see nothing on the deeds that calls for the road to be in a specific place.
Can I reroute the road through my property? Thanks

 

[xylene]

What is the name of your state (only U.S. law)? Upstate New York

I live at the end of a private dirt road that has been here for decades. It provides access to 6 homes(I own 2 of them.) Four of the homes are only used in warm weather, my neighbor and I are here year round. They have many vehicles and company driving in and out daily. I live at the end of this road as it goes out to a public road. The private dirt road goes between my house and garage and has many negative aspects to it. I want to redirect the traffic to the public road at a point before my garage on a road that will be properly constructed and wholly on my land. It will not involve any other parcel. In addition, the point where my road meets the public road will provide much better visibility, therefore safer access.
I see nothing on the deeds that calls for the road to be in a specific place.
Can I reroute the road through my property? Thanks

You're gonna need to get a lawyer involved because it sure seems like this impacts a lot of others.

I'm also not really understanding how you are at the end of the road, but your neighbor must pass your house and garage.

 

[LdiJ]

You're gonna need to get a lawyer involved because it sure seems like this impacts a lot of others.

I'm also not really understanding how you are at the end of the road, but your neighbor must pass your house and garage.

He said he is at the end of the road that joins the public road...what most people would normally refer to as the beginning of the road rather than the end of the road.

 

[scott marlow]

He said he is at the end of the road that joins the public road...what most people would normally refer to as the beginning of the road rather than the end of the road.

Thanks for the attention. The private road goes between 2 public roads so calling it the beginning or end are both correct. The point is the traffic passes between my buildings and I want to move it to a safer place on my property.

 

[scott marlow]

also, I realize I need legal advice, that's why I'm asking here. Thanks.

 

[LdiJ]

also, I realize I need legal advice, that's why I'm asking here. Thanks.

Since you do not want to change anyone's access, and you actually intend to build a better road, and it will impact only your property, then I am guessing that none of your neighbors will have an objection to it when you notify them that you are going to make the change. If everyone agrees, then its no problem, just get them to give you the agreement in writing.

However, you will need to keep the old portion of the road open until the new one is totally ready for use.

 

[scott marlow]

Hi Thanks, yes I realize that if everyone agrees I can do it. Thats the problem The 2 old men that have been here for years want things to remain the same. Well they aren't the same. The other year round owner has traffic going past my house all day and night. The road get in need of repair and they just drive over it. Its up to me to repair if I don't want to live like that. Unfortunately I have bad neighbors. I would of course leave the current road open until the new road is usable

 

[Just Blue]

also, I realize I need legal advice, that's why I'm asking here. Thanks.

Right of Way.

 

[HRZ]

I would do a bit more homework first ..along two separate lines .
1. Your description of a private road with two access points to public roads calls into question if your specific access point is required under any application of easement by necessity laws . Just because a private road is there does not create an easement ..it's full of state specifiic quirks ...you might be able to close off the road.
1.1 BTW is there anYthing to support that others were using your section of road by express or mplied permission? PErmssion , if true, is the answer you want to find.

2. THere are all sorts possible permit and engineering issues as to "new" private roads and roads that enter upon state or municipal lands ...and especially if you have a trouble maker neighbor you might just fall into a deep money pit...be careful . You might be required to bring a rocky cartway up to some new roadway standards capable of handling heavy fire equipment and passing room etc . ( One of my acquaintances tripped into such a money pit in upstate NY when he sought to repair a washed out private roadway ..)

 

[scott marlow]

thanks. I need to make another trip to the county clerk but the deeds seem to simply say that the residents have a right to ingress and egress to either town road. Not exclusively but along with other deed holders. It is also stated that the deed holder has a right to use road as designated on another map, book and page, which I plan to look at

 

[LdiJ]

thanks. I need to make another trip to the county clerk but the deeds seem to simply say that the residents have a right to ingress and egress to either town road. Not exclusively but along with other deed holders. It is also stated that the deed holder has a right to use road as designated on another map, book and page, which I plan to look at

Based on that its pretty clear that an easement exists. What reason have the two stubborn residents given for not wanting any change in the location of the road? Have you made it crystal clear that the only change would be the location of the road? Have you give them ANY reason to object to a change? Have you tried to sneak anything else in there that would give them a valid reason to object?

 

[154NH773]

If the easement language refers to a map or plat, you may have a problem. You may not unilaterally change the location of an easement if it is described in a specific location, without the permission of all the dominant tenants.

 

[LdiJ]

If the easement language refers to a map or plat, you may have a problem. You may not unilaterally change the location of an easement if it is described in a specific location, without the permission of all the dominant tenants.

Or the courts, if the dominant tenants are being truely unreasonable.

 

[154NH773]

While I’ll acknowledge that courts have wide latitude in deciding land disputes, I don’t get from the OP’s posts that the dominant tenants are being anything more than an annoyance.

“Thats the problem The 2 old men that have been here for years want things to remain the same. Well they aren't the same. The other year round owner has traffic going past my house all day and night. The road get in need of repair and they just drive over it. Its up to me to repair if I don't want to live like that. Unfortunately I have bad neighbors.”

He can go after them for maintenance and would probably be successful, but changing the route of an easement I believe would be very difficult.