I don't think so . . .

Posted by jdemaris on January 02, 2007 at 19:15:05 from (66.218.15.7):

In Reply to: Re: Neighbor Put Fence in Road--Advice? posted by JK-NY on January 02, 2007 at 18:54:43:

I believe you are in error. I'm well read on the subject - I have to be. I've studied the state law as well as current case-law. With the latter, it pretty easy to do a word-search and come up with recent year's worth of court decisions in a particular area.
There more then one type of "public road" in New York. So, the road first must be legally defined. I went to court about 18 months ago, and the attorneys and judge agreed with me.
Also, I just got done reading the transcript of a recent case in Orange County, New York - not to far from me. Town tried to widen a road and the property owner would not let them. So, it went ot court. The town lost. Judge said it was clear that the road IS a public highway, but it IS a road by Easement by Prescription. And therefore, only the actual traveled portion can be maintained by the town - and no implied "extra" right-of-way on the sides. Here's a bit from the transcript:

Town of Goshen v. Serdarevic, 17 AD3d 576

There is no dispute that the road has become a town road by prescription, pursuant to Highway Law § 189. The Town's interest, however, is limited to the actual extent of its use (see generally Danial v Town of Delhi, 185 AD2d 500, 502-503 [1992]). While that interest is, by itself, sufficient to establish the Town's entitlement to maintain the roadway and to be free from the defendants'active interference (see Town of Addison v Meeks, 233 AD2d 843 [1996]), it does not, by itself, entitle the highway superintendent to perform the work he has proposed on the drainage system that is located on the defendants' property without either the defendants' consent or the authority of [*3]Highway Law § 147. The defendants have not consented and the highway superintendent has failed to establish such authority here

Replies:

• Re: I don't think so . . . JK-NY 18:47:19 01/04/07 (2)
  • Highway Law ignorance ROWs, etc. jdemaris 07:06:33 01/05/07 (1)
    • Re: Highway Law ignorance ROWs, etc. JK-NY 18:30:41 01/05/07 (0)

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