Port Chester, NY asked in Real Estate Law and Land Use & Zoning for New York

Q: What takes precedence between a law on paper streets and a deed from 1925?

I want to know which takes precedence: a law stating that paper streets in Westchester belong to abutting landowners in a subdivision, or a deed from 1925 claiming to transfer title to the dirt paths and private streets of a subdivision created in 1908. Half of the paper street was removed from maps by resolution in 1966.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on New York property law principles, the precedence question you've presented involves complex interactions between paper streets, deed language, and subsequent municipal actions. In property disputes of this nature, courts typically examine the precise chronology and legal weight of the competing claims rather than applying a simple hierarchy.

In New York, laws regarding paper streets (planned streets that were mapped but never built) generally allow for reversion to abutting landowners after a certain period of abandonment or non-use. However, this presumption can be overcome by evidence of intervening transactions, such as your 1925 deed that specifically transferred title to these pathways. The 1966 resolution removing half the paper street from official maps adds another layer of complexity, as this municipal action could be interpreted as formal abandonment, potentially triggering reversion rights.

The resolution to this question would likely depend on several specific factors: whether the 1925 deed was properly recorded and contained clear language of conveyance; whether the paper street law you reference was in effect before or after the deed's execution; the exact language of the 1966 resolution; and whether any subsequent actions (such as use, maintenance, or taxation) have occurred that might establish ownership through adverse possession or other means. Given the century-long timeline and multiple legal documents involved, a title search and legal analysis of the specific documents would be necessary to determine which claim takes precedence in your particular circumstance.

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