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  1. #11
    Join Date
    Nov 2013
    Posts
    6,300

    Default Re: Does the Alley Being Vacated Prevent Me from Accessing My Garage

    A tenant of the property owner has the same rights as the owner of the property when it comes to an easement.

    There is something fishy about this vacation. Until we know the facts, there is not much more that can be said.

    Quote Quoting PayrolGuy
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    Let's keep in mind that only the neighbor as said that the renter can't access the garage. No actual action to stop access has been mentioned.
    The neighbor has prevented the use of his side of the easement to access the garage. That denies the property owner and the tenant reasonable access of ingress and egress. The statute says that is not allowed after the vacation.

  2. #12
    Join Date
    Oct 2016
    Posts
    3,055

    Default Re: Does the Alley Being Vacated Prevent Me from Accessing My Garage

    Quote Quoting budwad
    View Post
    The neighbor has prevented the use of his side of the easement to access the garage. That denies the property owner and the tenant reasonable access of ingress and egress. The statute says that is not allowed after the vacation.
    As I stated the OP wrote "He has told my tenant (a 73 year old woman) that she cannot drive on the alley to park in the garage."

    We don't know if the tenant was actually stopped from access.

  3. #13
    Join Date
    Nov 2013
    Posts
    6,300

    Default Re: Does the Alley Being Vacated Prevent Me from Accessing My Garage

    Quote Quoting PayrolGuy
    View Post
    As I stated the OP wrote "He has told my tenant (a 73 year old woman) that she cannot drive on the alley to park in the garage."

    We don't know if the tenant was actually stopped from access.
    Quote Quoting eeeproject
    View Post

    I just found out that in 2015 the neighbor who owns the half of the alley I donít paid to have it vacated. He has told my tenant (a 73 year old woman) that she cannot drive on the alley to park in the garage. While I do own half of the vacated alley, it is not posable to drive a car on my half due to telephone poles. I have tried to ask if he would either sell me his half of the alley or sell me an easement and he has refused.

    Is there anything that I can do?
    I think we can assume that if the neighbor told the tenant she could not drive on his side of the easement that she was constructively stopped from accessing the garage if the land lord (OP) is here asking the question. Did the neighbor have armed guards preventing her? I doubt it. OP is trying to establish what rights he has to continued access to his garage.

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