I have a landlocked piece of property with a house on it in N.Y.S. The purchase was made with a right of way in place that describes locatio...

Question

I have a landlocked piece of property with a house on it in N.Y.S. The purchase was made with a right of way in place that describes location and distance on the deed. The survey map shows right of way for ingress and egress. The right of way described has been and is currently a dirt road and passes through two differently owned pieces of property. Without being specifically stated on the deed or survey is their responsibility assigned or implied for the maintenance of this road?

Answer

Did you check the original Deed granting the right of way, as it may have covered this? Also, have you checked to see if there is any recorded agreement covering this? It is not automatic whose responsibility it is to maintain. Usually, but not always, the responsibility is that of the person who has been granted the right of way, not the homeowners granting it. This is a reply to an Internet question and the response is providedf for information only and is not intended to be legal advice or as creating an attornet-client relationship.