Politics & Government

Borough Residents Complain About Access to New Milford Woods on Oxford Lane

The borough granted an easement to the homeowner in 1997 to pave a driveway allowing them access to their property

At the May 9 work session of the Mayor and Council, Borough Administrator Christine Demiris said New Milford has continued to receive complaints from residents who feel uncomfortable when using the easement on Oxford Lane to access the New Milford Woods. 

The borough had previously granted, back in 1997, a deed of easement at 992 Oxford Lane so that the homeowners could pave a driveway to access their property.

"A letter was issued in March 2010 reminding the homeowner that they were granted a deed of easement to install a driveway for access to their property," said Borough Administrator Christine Demiris. "The deed of easement states they are not to unreasonably interfere with those who were trying to go to New Milford woods area along this easement."

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Demiris said the woods and the area where the easement was granted is public property.

"We have continued to receive complaints," said Demiris. "What kind of enforcement action can be taken?"

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Borough Attorney Mark Madaio said the borough could take the easement back.

"You can file an action to rescind the easement which is a standard common law remedy," said Madaio. "If they abuse that limited use, you can rescind it or the borough could fence it so that it is clear that it is an easement."

"Our own arborist has to see a tree there and he feels like he needs to bring the police with him," said Councilwoman Randi Duffie. "This is far reaching."

"We have talked to these people several times and reminded them many times that they don’t own the driveway and it doesn’t seem to have desired effect," said Mayor Ann Subrizi.

Madaio said he would work with Demiris to gather more information and make a visit to the site so that he could recommend the next step to the mayor and council.

The Mayor and Council again discussed the issue of the easement at length at their May 23 meeting but decided to table the item for further discussion at a future date.

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