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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6851
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I own a commercial building at Buck Ave. We have conducted

Customer Question

Hi, I own a commercial building at xxx Buck Ave. We have conducted a"day spa" business there for almost 20 years. Our neighbor , whom we share an exit driveway with, without any notification to us completely tore out his entire parking
lot and our shared exit driveway. The nature of our business requires a quiet environment. Due to the noise of the construction we had to cancel all of our clients and due to the exit being torn out, it is unsafe and/or extremely difficult for my staff and
clients to exit the parking lot. He claims he has an easement to the driveway which I believe is true but can he rip it out without notification to us and is he liable for our lost business and income due to his construction?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

Don't you also have an easement to use the driveway exit? Is that the only way to get in and out of your property?

You may need to have real estate lawyer review your title to see what your rights are with regard to that particular property. If you Have an easement to use that Part of the driveway , then your neighbor had no right to shut you out from using it. You may have a solid case for damages arising from such interference with your legal right of ingress and egress to your property.

I hope that my Answer has been helpful. If you need more information, please send me a Reply. If not, I hope that you will enter a positive rating for my Answer so that I can receive credit for assisting you. Thanks again for using JUST ANSWER.

Customer: replied 1 year ago.
Both properties have separate entrances on opposite sides of the properties and one common exit in the center. I contacted the title company for help translating where the actual property line is and to check for easements but she said the paperwork is very unclear. Either way both properties have been using the exit consistently since the buildings were constructed in 1974. As a result of the construction we are going to have to close down. I'm assuming he is liable for our lost income??
Expert:  Irwin Law replied 1 year ago.

I'm assuming he is liable for our lost income??

I won't lie to you and say that you have an open and shut case. Cases like yours involving property rights are never black and white, or open and shut, as they sometimes appear. You will have to put the matter in the hands of local California real estate attorney who can study all the facts and advise you where you stand.

I hope that my Answer has been helpful. If you need more information, please send me a Reply. If not, I hope that you will enter a positive rating for my Answer so that I can receive credit for assisting you. Thanks again for using JUST ANSWER.