We purchased a home in NY state that has a deeded right of way to a lake. Our deed mentions the right of way back to the original granting (it was granted by the neighbors in return for use of a well back in the early 1900's). There are no documents we can find that state the right of way was removed. The previous owners had a survey done that shows the right of way. Our title search also mentions the right of way.

Upon purchasing the property we were told by other neighbors that the right of way was an issue with the previous owners of our property and the owner of the property on which the right of way exists. The story goes that the previous owners tried to use the right of way and the neighbor owner told them they did not have a right of way and to prove it does exist. Supposedly the previous owners were told (not sure by whom) that it would cost thousands of dollars to prove the right of way existed. The previous owners decided not to pursue the right of way issue and bought an additional .25 acre of direct waterfront (which we bought as part of the sale). We do not intend to use the right of way but it does add value to the land if we decided to sell the one parcel of land with the right of way. We have owned the land for 2 years and have never seen our neighbors as it is a "camp" and they have not been there in years we have owned the property.

What do we need to "prove" the right of way exists to our neighbors (if we ever see them) for the land that the deed clearly states has a right of way. The well which was our land's part of the right of way deal is no longer used but the right of way still exists in our deed.

Thanks for any info you can provide.

If it is in your deed, then that is all the proof you need. If you try to exercise your property rights and there is an issue, produce the deed and tell the other party to take it to court and unless a court tells you not to use your rights, use them. I suggest you consult a local attorney but if the deed gives you rights and it goes back as far as you say, you should have the rights by adverse possession so long as you use the rights and exercise them as well as by deed. I say exercise your rights, let theses folks get mad, show the deed to the police who will likely tell them to take it to court.

Thank you for the response. I thought that the deed would suffice. I think these people thought since they bought the land from another neighbor that they could "take away" the right of way because they didn't want people to use it. I'm not sure if they realize the right of way goes with the land and not the owner.

I have had to deal with right-of-way / easements issues that are very much like yours. However my situations were in Massachusetts & NH. Even so laws regarding right-of-way / easements are similar across the country and certainly here in the northeast. I have sought legal advice and counsel from various a real estate Attorneys to the tune of $3200.00 and land use Attorneys to the tune of $1500.00 regarding this issue and another issue involving a “grandfathered lot”. I have spent hundreds of hours at the registry of deeds doing research, here is what I know.

Your right-of-way like mine in mentioned in your deed. There is nothing specific written down on you current deed. Your deed describes your land and at the end it would say something like “along with and with the benefit of all easements and rights- of- ways of record or otherwise”. It maybe worded slightly different. The first thing that you need to do is go to town hall or the registry of deeds as it’s called in Ma. every county has one and look up your deed. You need to follow it back through the progression of ownership to the point where the right of way was created. You also need to get the deed of the land that the right of way crosses. Deeds are of public record and anyone can look them up. You may need to find out what book number and page that your deed is on. That is found in town hall by going to the assessor’s office here in Ma.

You are the dominate land user and the land that is burdened by the right of way is the serviant land user. Because my right of way was ambiguous in description on the current deeds and nebulous as to its location the serviant land owners were going to move it and make it almost unusable to me. I latter learned that they knew precisely were that right of way was supposed to be. Because a title search only goes back 50 years and many rights of way were created before 50 years ago and because you don’t have to describe land in elaborate detail on every deed anymore, the locations of rights of way are often left out. However a deed in your current deeds progression will mention it and that is legal and binding. As the deed moves from owner to owner words like “of record” will begin to appear. That refers you back to the previous deed, then that deed will say “rights of way of record” and that means the deed before that one and so on. At some point you will get back to the nascent point of that right of way and it will be described. Mine was found in a deed dated 1876 and was vividly described as a strip of land running along the easterly most boundary of said land and along the land of or formally of McLaughlin 20 feet wide and 82 feet long running out to the “Bridgewater road” for all to use and reuse who have a legal right to do so”

I have had to do this three times and each time I was led back to the same place, a description and intent of use of some kind. If your right of way was created so the land owners of your lot could enjoy the lake then it will be a bear for someone to move or remove. Easements and rights of ways can be moved but it is extremely difficult to do so if not impossible to do, but that’s another issue for another day. You will find that the people who own (seriant land owners) the land that your right of way passes over know full well of your right of way and where your right of way should go; at least that has been my experience. When you get all the information that you need to have then they will suddenly know a lot more than you think they know. Once you have you deeds in hand and proof of progression through time and the right of way description, you’re in business. Very few easements are actually by prescription, in gross or of necessity. It has been my experience that they all were created by someone for a specific reason. That information is out there.

Good Luck

Thank you for the in depth answer. Our survey map (received from the previous owners) shows the placement of the right of way and it is for access to the water. My mortgage/closing documents came with copies of the previous deeds and the right of way also includes use of the land by the water and not just crossing over the land. The way I read it is that if we wanted to sit by the water we could but we can not place any personal items on the land (i.e. furniture, shed). The first mention of the right of way states that the first party is giving the right of way in exchange for use of the second party’s water well. Each deed after the original establishment of the right of way refers to the right of way.

The previous owner of the land with the right of way still owns property on the Lake and he was aware of the right of way when he owned the land and he told us that when he transferred the property to the new owner his lawyer stated that the transferred property was the property with the right of way. We also purchased a small lot adjacent to ours which we believe may also have a right of way since the assessed value is very high for the size of the lot. Since we purchased it at a tax auction we only received a quit claim deed form the county and have not yet researched the original deeds.

This thread is the closest that I can find to my problem .... I hope someone can be of assistance.
I am in a 6 lot, 21 year old sub-division in the mountains of New Hampshire. There is a 25' right of way that was created for skiers and foot traffic between myself and my immediate neighbor which leads directly to a 40' vertical dropoff (definately not negotiable by any means). Needless to say it's never been used and never will. Can't imagine why it was created in the first place!
Over the years, my neighbor and I have maintained and groomed this strip, as well as our adjoining properties, by cutting out the dead wood and removing unsightly trees.
The 25' strip (it's 250' long) is owned by the original creator and landowner of the sub-division property and it is not being taxed. My neighbor and I would like to purchase and split this area but all attempts to correspond with the listed owner or her heirs has been for naught. The Town is not in the picture!
The only reference to it as a R.O.W. is on the recorded sub-division plan and a boundary line agreement of the lot owners. There is no mention of it in any of the deeds.
Anybody have any bright ideas how my neighbor and I can legally obtain this property?

This also was the closest thread i could find to my problem.

If a person subdivides a property into 4 sections, can that person not inlcuded the rights of way (in the new deeds) that existed in the original deed?