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Alexia Esq.
Alexia Esq., Managing Attorney
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I have a property in East St Louis and one of the requirements

Resolved Question:

I have a property in East St Louis and one of the requirements I had to meet to get goverment funding was to install a ramp for the disabaled. The owner of the building next door immediately errected a 8 ft fence blocking access to the ramp. The ramp does empty to his parking lot, which before I errected the ramp, was open. His fence butts against my building. Is there an easement violation here? Do I have cause to go to the ADA about this?
Submitted: 7 years ago.
Category: Legal
Expert:  Alexia Esq. replied 7 years ago.

Did you have a legal easement giving you the right to enter his property and or have customers use his property?


Is there a reason why you made the ramp enter onto his property, vs. only your own?

Customer: replied 7 years ago.
It was my only option. The front of the building would occupy to much sidewalk. I have pictures. The ramp exits the back door and "L" shapes to his parking lot.
Expert:  Alexia Esq. replied 7 years ago.

I'm so sorry, that is terribly unfortunate. It is also shame the property wasn't grandfathered. I'm wondering if you couldn't perhaps seek a variance or, simply stop the ramp long before his property, since you say it is long enough to be an "L".


If none of the above is possible, without an easement, you've no legal standing to restrict his right to build this fence, UNLESS he is building it on your property. (You may be able to negotiate one with him, or contracting with him on a monthly basis to keep an opening in that fence available - money talks,and he may be willing to listen.)


It sounds like it would have to also get permission for your customers to park in his parking lot, which is another thing he probably was annoyed at.


Lastly, consider learning (quietly!) if his fence is in violation of any local zoning requirements, such as certain footage in from the property line. If there is a certain 'setback' required, he could be in violation and would have to move his fence. While I wouldn't rat him out immediately (if you learn he is violating), you may be able to use it to your advantage in negotiating that right to have your ramp empty into his parking lot.


Good luck!



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