If someone is injured on a backyard right-of-way easement i.e., shared whole block driveway can he sue the homeowners of the entire block, or is his ability to sue confined to the homeowner on who’s easement he was injured?

The entire back driveway does need resurfacing, and this generally requires a cooperative effort from all the homeowners on the block.
However, each homeowner of these row houses owns his individual segment of the right-of-way easement.

Asked on November 4, 2017 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Assuming that each individual homeowner owns their own part of the right-of-way (and this is typical in such a situation), then the specific homeowner may face potential liability, not all the rest of the owners.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If "each homeowner of those row houses owns his individual segment of the right-of-way easement," that the appropriate homeowner--the one on whose segment the injury occurs--would potentially be liable. Others may have the right to access/use it, but access does not provide a basis for liability: ownership and control do.


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