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I bought a commercial property that is land locked on the…

Customer Question
I bought a commercial...

I bought a commercial property that is land locked on the back. The only access is next door neighbors property along the fence line. The other opposite side has about a 3ft drop, so equip, car, etc can not use. I can't find a easement agreement on the property. What can I do? Owner threatens to call police on workers so they can't finish needed repairs.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Alabama

Lawyer's Assistant: Has any paperwork been filed?

I just closed Last Tues. I have been back 3 times to title attorney. No luck. I hven't done anything on my end except closing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes she is also stating she still has party wall agreement on my building. She demo her building in 1951. So the building no longer exist, she still owns the land.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
11/15/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,411
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. I'm sorry for the long delay. You may need to petition the court to get an easement granted in your favor. Generally, this may be considered an "easement by necessity." This means that if there is no other way for you to access your property reasonably, then the court should grant you an easement to the land. These easements are granted by the court in lieu of a written agreement. This means that you could draw up your petition, serve it on your neighbor, and persuade the court that because of the drop and the locked nature of the property, you must be given an easement.

You can begin by using the 28-line pleading paper and filing it in your local courthouse. Did you have any other questions for me?

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