In Zeh v. Karker et al, 43 AD2d 881, 351 NYS2d 478 [3rd Dept 1974], the property owner had acquired title to four contiguous lots in the development belonging to the developer.
The deed had granted the property owners a right to use a right-of-way 33 feet in width. The property owners then became the record owners of 5.99 acres of land located south of the developer's development. When the developer objected to the property owner's use of the right of way on the later purchased land, the property owners filed a complaint for injunctive relief.
The trial court dismissed the action, and the property owners appealed.
The court stated that from the language of the deed, it was clear that the property owners had no right to use the right of way from the later purchased land because such travel was unnecessary for either ingress or egress.
In so doing, the property owners were improperly attempting to enlarge the right of way to uses foreign to the grant.
The court issued a judgment that affirmed the denial of the property owner's complaint for injunctive relief.