I own a building and the neighboring land owner won’t allow any of my customers or employees park in my parkin
Tags:final straw, garbage cans, garbage truck, new lease, silent auctions,
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I paid for a commercial operation office office office office building 2 years ago as well as a single of a tenants longed for to co-purchase a office office office office building with me, though we motionless to squeeze it by myself to equivocate problems down a road. Well when we purchased a office office office office building a reside proposed to means problems for me. He proposed by observant he longed for to enhance his space so we done arrangements for him to expand, as well as when it came time for him to enhance he motionless to renege upon a total deal. It dissapoint me though we was forgiving. Then it came time for him to replenish his franchise as well as he refused to pointer a brand new franchise (but he a single after another to have his monthly payments) as well as in a future changed out. The last straw as well as what we need assistance with is about a year ago a city had a garland of peculiar made sections of land which they were offered off in wordless auctions, as well as a 20ft. frame of skill which separates my building’s parking lot from a usually opening to a parking lot was a single of a pieces of land for sale, prolonged story reduced we put in a bid as well as different to me so did my right away ex-tenant as well as he won. Now he is punishing me by not permitting any of my employees or tenants or any of a business expostulate over his square of land to play ground upon my parking lot as well as if any a single does he calls a military as well as threatens me which he will sue. It is so bad which we used to have a dumpster in my parking lot as well as he wouldn’t concede a rubbish lorry drivers pass over his lot to collect a trash, so we was forced to get 10 rubbish cans so which we can draw towards them around his skill line to a fan for rubbish retrieval. What can we do? Because of him not permitting people cranky his land to play ground in my parking lot no a single will franchise any space in my building. How can we win? He says which he will sell a square of skill to me for 3 times as most as he paid for it, as well as he paid 2 times as well most for it to proceed with.
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Is there access to you property from any other place than over this one strip or are you "landlocked" with this strip being the ONLY way to gain access? If you are landlocked except for access over this one parcel, he can NOT legally preclude access. He is required by law to provide an easement. Consult a real estate attorney. I’ll bet there IS an existing easement. To find out if there IS an easement, go down to the hall of records, the county clerk or wherever they file property deeds and look at the property description for your and his parcels. Do not simply take his word for anything about the property. Go directly to the source. If there IS an easement, it will be listed in the descriptive paragraph. Make a copy and wave it in his face as you do a victory dance while crossing over his property while ignoring any threats he might make. If there is NO easement and you are in fact landlocked, that is where the attorney comes in, to take action to force him to yield the right of way by granting the easement, which then gets entered into the property records. Your problem is, if you are NOT landlocked with this one parcel the only access, you are out of luck. If you have several access points available, you only can force one to yield. If there is ANY other access, no matter where it is, you can NOT force this particular guy to do anything and he is completely within his rights to refuse to allow people on his property.
You need to see a real estate lawyer. Since the driveway to your parking lot crosses this land and may have for some time, you may be able to force an easement.
The long existing easement (written or not) can be continued. Get a lawyer to get it added to your deed.
Have to go to court, but pretty much a slam dunk.
In the meantime I would continue to go across the strip. I doubt the police can or would do anything. He could not sue you as there as no monetary damages to him.
Or, you could offer him a small amount of money to agree to the easement withour court.
The first thing I would do is check the property deed at the County Clerks office. It’s public information and there is a very good chance that there is a provision for accessing your property via your ex-tenant’s property. The deed is free to examine at your request. If there is a right of way provision, make a copy of the deed and present your ex-tenant with a copy and a written letter establishing your intention to excercise your rights across his property.
If there is no right-of-way provision, you can file for an easement with the town board, stating that he is harming your business and limiting your rights to use of your own property. They should issue you accessibility rights, especially if he is blackmailing you with it.
A lot depends on state law, but I can’t imagine proving that an easement exists being terribly difficult.
You MIGHT be able to make a case for Adverse Possession. Be sure to discuss that with an attorney.
If you have a potential case for either, you may find out that the property is suddenly for sale, cheap, and that you’re the only potential Buyer.
Get a real-estate attorney. You can use the eminent domain law to basically force him to sell the land to you for current value because it is necessary for your business. Your attorney can tell you more.
GO DIRECTLY TO COURT, he cannot block access to your business. You can go and get a easement order because the building was pre-existing and therfore access is grandfathered in.
david is right – this is about an hours worth of any lawyer’s time to write a letter asserting you have an easement to the previous tenant.