Jean james
04-02-2006, 05:03 AM
I live in New York State owning several acres with a 50 ft deeded right of way for ingress and egress to the back 30 acres which is land locked. The owner has built a home on his land and has cleared a parking spot along the right of way on my property. The parking area is off the road and on the shoulder, within the 50' but used for parking and not exit and entrance. Can he create this as a parking area? How does that affect the future sale of our property.
SURV69
04-04-2006, 03:53 PM
Parking is not ingress and egress. Stopping on the easement is not ingress and egress.
He has no additional right to make any more use of your property than what is explicitly stated in his description of easement.
John Francis, P.S.
Jean james
04-05-2006, 10:57 AM
thanks for your help. Parking is not ingress and egress. Stopping on the easement is not ingress and egress.
He has no additional right to make any more use of your property than what is explicitly stated in his description of easement.
John Francis, P.S.
elklaw
04-05-2006, 11:06 PM
I suggest that you or your real estate attorney send a cease and desist letter and if that is not complied with, either seek that he pay you damages for using your land or for him to pay your court costs and to make sure your property is in burdened in a manner it should not be.