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Real property

right of way easement

A right of way is an easement that allows a person to travel through another person’s property to get to certain location. For example, a person might travel through a neighbor’s land to reach a public road or highway. A right of way can be offered to one person, several people, or the public.

In New York, a right of way is a type of easement that grants the holder the right to travel over another person's land to reach a specific destination, such as a public road or highway. This right can be established in various ways, including through an express grant in a deed, by implication, by necessity, or through prescriptive use over time. New York law requires that the use must be open, notorious, continuous, and adverse for a period of at least ten years to establish a prescriptive easement. Rights of way can be granted to individuals, groups, or the public, and the terms of the easement, including maintenance responsibilities and the scope of the right, are typically outlined in the deed or agreement creating the easement. It's important to note that the holder of the right of way is generally allowed to use the property only for the specified purpose and must not interfere with the property owner's use and enjoyment of their land.

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Real property

right of way easement

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Real property

right of way easement

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