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   DIR Return to: Perinton/Fairport Canal Community Discussion
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       #Post#: 2508--------------------------------------------------
       Re: When is a private drive not private?
   DIR By: Doug K
       Date: November 30, 2023, 6:22 pm
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       I know EXACTLY what NYS Easement Laws say about that type of
       "perpetual easement"
       [attachimg=1]
       And specifically DRIVEWAY Easements are covered in this
       informative website.
  HTML https://nyestateslawyer.com/driveway-easement/
       There are ways to end an easement, and with the New York State
       Canal Corporation's recent decision to remove the Oxbow Trail
       from their "Adopt-a-Trail" program, it would depend on what
       THEIR plans are for that particular piece of property.
       Not sure if the Oxbow property were to change hands, and is NO
       LONGER under NYS Canal control, whether that move would mean
       that the "perpetual" term would transfer, it might actually end,
       depending on who the new owners were.
       The webpage below has a section on how to end Easements in NY,
       but it's very difficult.
  HTML https://nyestateslawyer.com/how-easements-work-in-new-york/
       Remember the MAIN issue here is simple, the NYS Canal
       Corporation property, known locally as The Oxbow (or Caswell's
       Corner) is a LAND LOCKED property, that's the reason for the
       Right of Way Easement in the first place.
       Unless there are other methods to gain access to the property,
       those that might offer a less obtrusive easement burden to Mr
       Kim, there is no reason to end this right of way.
       The reason for the original Easement hasn't changed, so it is
       STILL required for the NYS Canal to maintain their property to
       Perinton & Fairport standards.
       And I'm not sure that " the general public" would agree to end
       the Egress & Ingress Easement.
       [attachimg=2]
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