Neighbor Sold Property To His Son For $1, Who Now Plans To Build In Violation Of A 20+ Year-old Land Agreement. Original Signed Contract Is Missing. What Legal Options Exist?

Location: upstate NY.

I’m posting on behalf of my mother, who is dealing with a property dispute involving land my parents sold to a neighbor more than 20 years ago. We’re trying to determine what legal rights they may still have and how to recover an old purchase agreement that could be critical to their case.

Background:

Over 20 years ago, my parents sold approximately 20 acres of their property to a neighboring landowner in New York State. As part of the original purchase agreement, two specific conditions were included:

My parents would retain the right to use an existing easement across the property.
No structures could be constructed in a specifically designated area directly in front of my parents’ home.

These conditions were important to my parents when agreeing to the sale and were explicitly outlined in the agreement drafted by their attorney.

Current dispute:

Recently, my parents discovered that the neighboring landowner had transferred a portion of the property to his adult son, reportedly for just $1. The son now intends to construct a house directly in the area where the original agreement was supposed to prohibit construction.

Additionally, the original landowner has informed my parents that they no longer have any right to use the easement.

This is not the first dispute involving these restrictions. Years ago, the neighbor attempted to deny my parents access to the easement. Their attorney contacted the neighbor’s attorney, and the matter was resolved in my parents’ favor.

There was also another dispute over crossing the property, during which a subsequent attorney reviewed the original purchase agreement and advised my parents that their use of the property was permitted.

The missing legal documents:

Unfortunately, the attorney who originally drafted the purchase agreement retired, and the attorney who subsequently took possession of his files later closed his practice due to health issues.

Those legal files were eventually transferred into the custody of a local bar association, where they are currently being held in storage.

My mother has repeatedly contacted the association requesting access to the original signed purchase agreement. However, a representative has indicated that she must retain another attorney before they will proceed with locating the file.

The only copy my parents currently possess is an unsigned draft of the original agreement, which explicitly identifies the easement rights and restrictions on future construction.

My questions:

Are land-use restrictions in a purchase agreement enforceable against subsequent owners? If the original agreement prohibited construction in a specific area, could that restriction still apply after the property was transferred to the original buyer’s son?

Does transferring property to a family member for nominal consideration ($1) affect the enforceability of existing deed restrictions or contractual obligations?
Can an easement established through a purchase agreement be unilaterally revoked by the property owner? Does the fact that my parents previously had legal counsel intervene successfully help establish their continued rights?

How can my parents obtain a copy of their signed purchase agreement? Can a bar association or custodian of a former attorney’s files require them to hire another attorney before requesting their own records?

Could an unsigned draft, combined with evidence of previous attorney correspondence and the parties’ historical conduct, help establish the original terms if the signed agreement cannot be located?

What immediate steps should my parents consider if construction is being planned in an area that may be subject to an enforceable building restriction?

We’re also trying to determine whether these restrictions would have been recorded with the deed or otherwise documented in county land records.

My parents are seeking legal counsel, but we’re hoping to better understand their potential rights and what documentation they should prioritize obtaining Any guidance from attorneys or individuals familiar with New York real estate law, easements, restrictive covenants, or historical property agreements would be greatly appreciated.