Can Neighbors Block Access to My House if They Own the Access Land?
Background
Buying property in Albany’s historic hill towns can unexpectedly reveal a serious challenge: your sole access route might cross your neighbor’s property. If your neighbor decides to lock you out and no legal easement exists, they can lawfully restrict your access. But, that does not mean that you do not have options to regain access to your property.
Table of Contents
Easement By Necessity
New York courts recognize an easement by necessity when a subdivision leaves a property landlocked. Under Real Property Law, Section 335-A, courts may grant an implied right of access based on subdivision documentation. To establish an easement by necessity, you must demonstrate common ownership prior to subdivision. You must also demonstrate the immediate necessity for access upon separation, and that there is no alternative route exists, even for foot traffic.
In addition, New York courts recognize easements by necessity not only under Section 335-A, but also through longstanding common-law equity principles. When a single tract is severed and one portion becomes completely landlocked, judges will impose a judicial easement by necessity over the servient parcel so the owner can reach a public road. A successful claimant must demonstrate that both properties were previously under common ownership, the separation resulted in one property lacking adequate access at the moment of division and that the lack of access was not due to the claimant’s own actions. A quiet title or declaratory judgment action can legally establish this access and record it to bind future owners.
Easements Implied By Prior Use
An implied easement can arise if your property’s prior owner consistently and openly used a driveway through an adjoining parcel. New York law recognizes such easements if you show the driveway was clearly in use when both parcels were under common ownership. You must also show continuous use that benefited the land retained by the original owner. Finally, you must demonstrate apparent necessity of the driveway for normal property enjoyment. A court ruling establishes this right as binding for future owners, despite lacking explicit documentation.
Establishing A Prescriptive Easement
In New York, using a neighbor’s property for access continuously for at least 10 years may create a prescriptive easement. You must demonstrate the use was open, notorious, exclusive and without the neighbor’s permission. Unlike easements by necessity, this method does not require a history of common ownership and is based purely on long-term use.
Under RPAPL, Section 871, once an easement is legally established through court, you can seek injunctions to stop neighbors from repeatedly obstructing your access. Such remedies can prevent neighbors from erecting barriers or otherwise interfering with your right-of-way.
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