Opn. No.

Jeffrey Kaplan, Esq. Informal Opinion Town Attorney No. 95-31 Town of Warwarsing P. O. Box 30 Woodbourne, N Y 12788

Dear Mr. Kaplan:

You inquire as to the width of a town's right-of-way with respect to a town highway established by use. We conclude that the width of the right-of-way is determined by the extent of the actual use.

Highway Law § 189 (hereafter, "HL") provides for the establishment of town highways by use, as follows:

All lands which shall have been used by the public as a highway for the period of ten years or more, shall be a highway, with the same force and effect as if it had…