Boundary, Rights of Way, Roads and Title Disputes

Overview

Attorneys

Representative Matters

 

Boundary, Rights of Way, Roads and Title Disputes

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 firm’s Boundary, Rights of Way, Roads and Title Law practice group includes Michael Moore and David Brennan.

The following Young/Sommer attorneys represent clients in this practice area.

David C. BrennanDavid C. Brennan

David C. Brennan graduated cum laude from Albany Law School with a concentration in environmental law and holds a bachelor of science in environmental engineering from Rensselaer Polytechnic Institute.

 

Michael J. MooreMichael J. Moore

Michael J. Moore has experience representing both plaintiffs and defendants in federal and state court environmental disputes, as well as administrative hearings before State and local agencies.

 

Allyson M. PhillipsAllyson M. Phillips

Allyson M. Phillips received a Bachelor’s degree in Political Science from Fordham University and is a 2006 graduate of Albany Law School. While at Albany Law, Allyson served as Associate Editor for the Albany Law Journal of Science and Technology and was a research assistant for the Dean of the Albany Law School Government Law Center, Patricia E. Salkin.

 

Laura K. BomyeaLaura K. Bomyea

Laura Bomyea received her J.D. from Albany Law School, and her Bachelor’s degree in Philosophy, with a concentration in Literature, from Bard College.  She spent… Read More

 

E. Hyde ClarkeE. Hyde Clarke

E. Hyde Clarke joined Young/Sommer after receiving his J.D. from Albany Law School in May 2014. He received a Bachelor’s Degree in Political Science from… Read More

 

Kristin Laviolette PrattKristin Laviolette Pratt

Kristin Laviolette Pratt (Associate) has been practicing environmental law, commercial litigation, and real property law at Young/Sommer LLC since 2005. Kristin has represented both corporate and individual clients before the New York State Department of Environmental Conservation in negotiating regulatory proceedings as well as before local government boards.

 

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’ land. The Plaintiffs brought the… 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 property to a public highway. … 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 Greene County, New York.  Following… 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 this case, a neighbor attempted… 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 rights are affected by the… 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 a client living at the… Read More