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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Our group of five homeowners live in a country setting of a

Customer Question

Our group of five homeowners live in a country setting of a rural residential subdivision set on fifty acres in western NYS. Two of the smallest 1 1/2 acres (most are 5 to 23 acres) were sold to the small farmer next door- some of his land runs a long side this subdivision. These are two separate tax numbers from his farm parcel of 32 acres.
He now wants and has started to put a driveway/road with wrong size drainage pipes in the subdivision on one of his parcels to run and adjoin and connect to his farm land (he rents most of the farm land).
He also has said he his doing this so he can sell the road frontage where is house is located (he is mad at the tax assessment) and still be able to get to his back farm land and hunting cabin via our subdivision with farm equipment, truck,vehicles, etc.
We feel he is bullying us as he has done in the past.
We are besides our selves and the code enforcement guy has been no help.
Can he legally cross on tax numbered piece of land in this subdivision to get to his farm land and can he bring all this equipment down this private shared road of ours.
We are going to meet with him again today and appreciate any help.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Legalease replied 1 year ago.

Hello there --


So you are saying that the farmer owns some of the parcels in the subdivision? Even if they are smaller parcels?


Also, do you have an owners association for the future maintenance of the shared road?