Can the town limit stairway access to emergency use only without maintenance?

Full question:

The town of Smithville New York has decreed a stairway on a hill side as emergency access only thus precluding neighbors at each end from using the stairs The stairs is at the end of a town road that they do not maintain. How can they designate a stair emergency only, if they do not maintain the approach or remove snow in the winter time Emergency is to protect life and property. It used to be used in case of fire by the fire dept. The neighbors have used it for 50 years to get from upper properties to a lower bay property. How can one designate a stairs as emrgency use only seasonly when it has to serve the same purpose in the winter time? I am looking for the law that claims that if they do not maintain the stairs in the winter time then it is unconstituional, or an invalid law. This situation was brought about by an individual that had property at the bottom of the stairs that is owned by the Town of Smithville, NY and considers it his stairs, not legally, and does not want anyone to use the stairs. He convinced the town to make it an emergency access to keep all neighbors from using the stairs. There is one house on the approach road owned by the town but the house owner has to plow the town road even though he pays taxes for that service. That owner can not sell his house because the owner below yells at anyone trying to use the stairs including potential buyers. This owner of the lone house is desperate to sell. The value of his house has plummeted. I want to force the town to maintain the stairs and approach road to support their legal designation that the stairs is for emergency use only. Then maybe they will see how expensive it is and reconsider.

• Category: Injunctions
• Date: 04/07/2025
• State: New York

Answer:

The responsibility for maintaining the stairs is likely governed by local ordinances. It may be beneficial to contact the local building or land use department for specific guidance.

In legal terms, an injunction is a court order that requires a party to do or refrain from doing a specific action. To obtain a preliminary injunction, you generally must prove: (1) a strong likelihood of success on the merits; (2) irreparable injury without the injunction; (3) that issuing the injunction won't cause substantial harm to others; and (4) that the public interest would be served by the injunction.

It's possible that an easement has been established through long-term use of the stairs. A prescriptive easement is created when someone uses another's property without permission for a legally defined period. There are two main types of easements: easements in gross (personal rights) and appurtenant easements (rights that transfer with property ownership). Appurtenant easements remain with the property when it is sold.

To terminate an easement, certain conditions must change, such as: the easement's purpose no longer existing, the ownership of the easement merging with the land, the landowner releasing the easement, or abandonment. Misuse of an easement may not terminate it but could lead to legal claims.

In cases where access is necessary for property enjoyment, an easement by necessity may be granted, especially if a property is landlocked. However, this type of easement is only granted when absolutely necessary and is extinguished when the necessity ends.

Legal proceedings may be necessary to clarify and enforce easement rights.