right of way ...who is responsible

[lmp518]

What is the name of your state? new york ...I bought a home about a year ago and while moving in a neighbor came up to introduce herself and also inform us we have to pay the taxes on the right of way road to get to our house (it runs through her property we are the only home up here and its the only way to get to our house)Ofcourse we called our attorney right away and she told us it didnt seem right she would get back to us she didnt and we called many times and got no where with her ....we paid the neighbor (just to keep peace)she also brought up a copy of her deed and it does say we pay the taxes but ours says nothing .our home was here befor hers if that makes a difference ..what im wondering is since we have to pay the taxes on it who is responsible for it and her kids ride atvs on it what happens if someone gets hurt are we liable?

 

[hexeliebe]

Unless your attorney is well versed in Real Estate matters contact a real estate attorney to do an easement/deed search. This doesn't sound right.

 

[lmp518]

Thanx for the response....I did nave a real estate attorney (not a good one i guess)But if all is correct in what I said about her deed saying we pay the taxes do you happen to know if we could be liable for someone getting hurt on the atv's that are driven by them and others...?thanx again...I just happend to stumble upon this site I love it ...Much better than surfing for hours for answers.........

 

[hexeliebe]

It depends on what your deed says as to ownership of the land. I would assume that since you only pay the taxes on the parcel, that you have no ownership interest and are therefor judgement proof, however, I'll wait until HomeGuru comes on since he is the authority on these matters.

 

[lmp518]

wow your quick ...thanx ...ok this is what ours says ill try to keep it brief ...."together with all the grantors right ,title and intrest in and to certain right of way ,used by the grantor,for ingress and egress purposes over pots 133 (thats hers)and futher as the same is used for an easement for water and sewer lines which lay under"as i read hers wow its confusing ,,,but this is what is says about the tax"the grantees herein ,their heirs ans assigns ,for the use of the aforesaid right of way and easement shall reimburse grantor on the taxes .their heirs and assigns .failure to do so after 30 days from demand of the same by the grantor shall terminate the foresaid right of wayand easement and the same shall revert back to the grantor"although as i read this i dont see anything with our lot #...Do you think being that i have already been paying her the tax that will make any difference as to weather i am responsible ....thank you

 

[hexeliebe]

She owns the land. Your deed simply states that you pay the taxes on it for the 'right to use it for access to your home'.

Nothing in the deed conveys ownership or liability to maintain the property to you.

By the way, yes I am quick. That's the same complaint my girlfriend has all the time

 

[lmp518]

LOL...I can relate to your girl friend....Just wanted to say our deed dosen't say we are to pay it (although i think it should if we have to )Its her deed that says it ..Although its not alot of money I was just curious about it ............thanxxxxxxxx

 

[hexeliebe]

You're welcome

 

[HomeGuru]

What is the name of your state? new york ...I bought a home about a year ago and while moving in a neighbor came up to introduce herself and also inform us we have to pay the taxes on the right of way road to get to our house (it runs through her property we are the only home up here and its the only way to get to our house)Ofcourse we called our attorney right away and she told us it didnt seem right she would get back to us she didnt and we called many times and got no where with her ....we paid the neighbor (just to keep peace)she also brought up a copy of her deed and it does say we pay the taxes but ours says nothing .our home was here befor hers if that makes a difference ..what im wondering is since we have to pay the taxes on it who is responsible for it and her kids ride atvs on it what happens if someone gets hurt are we liable?

**A: before closing you should have reviewed the title report which would have stated the right of way and easement. Didn't the Seller or closing agent mention anything about the taxes? How would the taxes be calculated anyway since you do not own the land that the row/easement covers? You need an attorney to review the row/easement agreement. Also an attorney should be like any other service provider you hire. If he/she does not do the job, fire his/her butt and announce their right of way.

 

[lmp518]

Thank you for the reply...I did review all documents and there was NOTHING about me having to pay the tax on the ROW,just that there was a ROW for our access.I did put another post about the deeds and what each says if that helps you help me ....Thanks again....

 

[HomeGuru]

Thank you for the reply...I did review all documents and there was NOTHING about me having to pay the tax on the ROW,just that there was a ROW for our access.I did put another post about the deeds and what each says if that helps you help me ....Thanks again....

**A: no, it's of no help.