Boundary, Rights of Way, Roads and Title Law includes:
- Adverse Possession
- “Prescriptive” Rights of Use for property access or water drainage
- Deed Interpretation/Boundary Identification
- Rights of Way and Easements
- Roads by “Use”
- “Paper” Streets
- Boundary Line Agreements
- Riparian Rights
Our attorneys have working relationships with land surveyors, title examiners and appraisers, and understand the principles employed by these professionals. We have had considerable success in litigating boundary, title, and right of way disputes when negotiated solutions are not available.
Common issues we deal with include:
- Resolution of disputes between neighbors over their respective property rights, particularly in rural areas where development pressures have just begun.
- Property boundaries in question due to ambiguous deed language, changed physical features, or surveying errors.
- Continued use of rights of way (easements) created when property was in agricultural use that are now proposed as a means for access to developed property.
- Clients seeking relief from storm water runoff drained onto their property by pipes or ditches on adjoining lands.
- Questions over the legal title to property or roads occupied or used for many years, but claimed to be owned by others.
- Disputes over access to or use of navigable lakes and streams.
The following Young/Sommer attorneys represent clients in this practice area.
Avramis v. Sarachan, 97 AD3d 874 (3d Dept 2012)
Young/Sommer won an appeal for the City of Ithaca (Tompkins County) in a zoning dispute over the proposed expansion of... READ MORE
Backiel v Murphy, Sup Ct, Warren County, 2015
The firm represented the Backiels, owners of undeveloped lakefront property. An unpaved driveway, built in the 1970s, connects the Backiel... READ MORE
Bozzetti v. Pohlmann, 94 AD3d 1201 (3d Dept 2012)
The firm prevailed for Plaintiffs in a land boundary and title dispute involving property of three different parties in rural... READ MORE
Alexander v. Oakley, 943 NYS2d 291 (3d Dept May 3, 2012)
The firm represented Plaintiffs in a property dispute involving the use of a private right of way on the Alexanders’... READ MORE
Smith and Clark v Town of Centervillle, et al.; Sup Ct, Allegany County, Index No. 42105
In a case involving two towns in adjoining counties and three private parties, the firm protected the property interests of... READ MORE
Island Park, LLC v. CSX Transportation, Inc., 2007 WL 1851784 (ND NY 2007), reversed, 559 F3d 96 (2d Cir 2009)
As the State moves to set the stage for high speed rail service, the rights of property owners whose access... READ MORE
Dever v. DeVito, 84 AD3d 1539 (3d Dept 2011)
The firm represented the defendants in this residential property dispute involving private covenants and restrictions in a homeowner’s association. In... READ MORE