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Parking on private property. Parking, Access

Discussion in 'Commercial Landlord & Tenant Issues' started by Robin1963, Mar 11, 2014.

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  1. Robin1963

    Robin1963 Law Topic Starter New Member

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    I have always had usage of a private drive that belongs to my neighbor to gain access to my back yard, it's on my deed, they can't do anything about that. Many years ago, Approx.12-14 years, I asked my neighbor (verbally) if I could park along her private drive in a stone parking area during inclement and otherwise any other type of weather, she allowed it with no problem, there has never been any postings either.
    About 8-9 years ago, she leesed her garage to a business and now this leesee is telling me not to park there anymore, just to be stubborn. Since I already had permission from the land owner 12-14 years ago, does the leesee have any legal grounds to stand on? Isn't there some sort of 7 year law that pertains to this situation that will "grandfather" my continuation of this parking area, regaurdless of what the leesee says?
     
  2. mightymoose

    mightymoose Moderator

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    The renter has no say. You might want to contact the owner and renew your previous agreement.
     
  3. army judge

    army judge Super Moderator

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    If the renter is on a valid lease, he has standing as he's licensed all of the owner's rights, except the right to sell or destroy the property.
    I see two options.
    Speak with owner about this.
    See what the owner has to say about you fife ring the renter, say $100 a month to resume parking there.
    If the owner says its okay, see if he'll discuss it with his renter.
    Whatever you do, be polite, do as you're asked.
     
  4. mightymoose

    mightymoose Moderator

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    If the OP has a right of access through an easement to his property in his deed then neither the renter nor the other land owner have much say in the matter. It seems the better the two owners work it out the smoother things will go, but the renter's lease wont trump the land owner's deed.
     
  5. army judge

    army judge Super Moderator

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    The easement grants ingress and egress.
    That allows him to traverse across the easement.
    Easements don't allow parking, just transit.
    He's not being denied ingress or egress.
    He wants to park in the easement.
    Easements aren't parking or storage locations.
    I understand the problem to be the OP wants to park, not just traverse across the easement.
    An easement is not an extension of your land, it's simply a way to keep the peace by allowing one to access their property transiting across the property of the tenement estate.

    This case appears to be an abuse of said easement.
    However, unless one reads the deed, an accurate answer can't be dispensed.

    This is the most common misunderstanding, the use an easement grants.
    To comment further, one should read the deed, as there are several types of easements. Not every easement transfers to a subsequent buyer or owner, again the deed is determinative.

    This PA lawyer expounds much better than I can, as I hated property law.

    http://www.wolfbaldwin.com/Articles/Easements-and-Restrictive-Covenants.shtml

    http://legal-dictionary.thefreedictionary.com/easement
     
    Last edited: Mar 11, 2014

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