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Can a property in steuben county- Bradford, NY be ...


Sent to Legal Experts July 22, 2006 12:50 a.m.

Can a property in steuben county- Bradford, NY be landlocked and if not could you please let me know the law. Thanks

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Bradford, New York

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Lawyer and didn't think that you could landlock property if it doesn't have a right of way. I guess my question also is do you have to grant a right of way to a property or can it be landlocked? Law stating this if one Thanks
Customer (name blocked for privacy)
Status: Closed   Value: $8   
Answer
July 22, 2006 1:25 a.m. (34 minutes and 53 seconds later)
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You as owner of land cannot landlock property. Even if there is no written easement (explicitly granting a right of way), the law will issue an implied easement called "easement by necessity" , this law states that parcels without access to a public way may have an easement of access over adjacent land, if crossing that land is absolutely necessary to reach the landlocked parcel. There is an implied easement arising from the original subdivision of the land for continuous and obvious use of the adjacent parcel (e.g., for access to a road, or to a source of water).

This easement can be extinguished upon termination of the necessity (like if a new public road is built adjacent to the landlocked. The easement by necessity arises because the owner of the landlocked land has the legal right to his property.

Bottom line to your answer: No, property in your area cannot be landlocked based on the legal principal of Easement by Necessity.



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Sent July 22, 2006 1:33 a.m. (8 minutes and 18 seconds later)

Do you have to give them right of way by car or can it be by foot? There is water surrounding the property so they could get to there property by water is this still landlocked property if they can travel by water to it?
Customer (name blocked for privacy)
Answer
July 22, 2006 1:39 a.m. (5 minutes and 6 seconds later)

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