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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: CA Real Estate
Satisfied Customers: 116712
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need to paint the side of my Victorian building. My

Customer Question

I need to paint the side of my Victorian building. My painter needs to erect scaffolding for 2 weeks that would sit on my neighbor's property. There is plenty of room--about 7 feet of grass are between the buildings, but the scaffolding would be on his side. I've offered to clean up, and the painter is licensed and insured. The new owner of the property is a real difficult person and is refusing access without payments to him and lawyers, and my adding him to my insurance--which my agent says is not possible. I find this ridiculous. The old neighbor and I just got along better.Must I abide by his demands, just to access the property to paint and maintain my own? Aren't there laws in San Francisco that allow access? A majority of buildings would normally need this.
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your neighbor will not grant you the right to go onto his property and there is no easement on the deed, the only way you can enter his property is filing a suit against him for a "maintenance easement" which is seeking access to his property to perform maintenance on your property, since there is no ordinance giving you that right by law. You would have to prove in court there is no other way to do the maintenance, such as by a scaffold that comes down from the roof of your house (even if it hangs over his land, you are not trespassing as long as you do not go onto his land) and the easement is required out of necessity.
Your alternative is to make sure your painter provides him copy of the construction bond which covers his property as well as your property. You cannot add him to your insurance, but the painter can add him to his construction bond for coverage for damage.
I am afraid that those are your options if he will not be reasonable.