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I own a commercial building in Los Angeles county Ca. There…

I own a commercial...

I own a commercial building in Los Angeles county Ca. There is an easement for a drive alley between my building and the adjacent building that allows access to each parking lot behind each building. I own my building for over 30 years were my business is located, and I always parked 1 or 2 passenger cars in this alley without blocking traffic. About 7 years ago the building next door was purchased by an owner occupier business. About a year ago the neighbor/owner started to demand that I do not have any cars parked in the alley, and he has been harassing my employees and me with screams, bogus text messages etc. Some his visitors also park in the alley temporarily.

Lawyer's Assistant: What state is this in? And how old is the car?

Question: 1.0 Since I parked in this alley for over 30 years without blocking it, do I have the legal right to continue it? 2.0 What are my legal obligations regarding this issue

Lawyer's Assistant: Has anything been filed or reported?

No

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

I can talk to the attorney who specialize in Real estate. My cell number is **************** My name is Michael ******

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Answered in 19 hours by:
1/15/2018
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,580
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
Verified

Hello. The answer may depend on whether the alley is a dedicated public right of way on the original recorded plat, or a private easement. In other words, who keeps it in good repair?

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Customer reply replied 7 months ago
It is a private easement owned by the 2 owners of the properties on both its sides. The easement, runs between the 2 buildings,and connects the street to the individual parking lot behind each building. The easement dead end at the parking lots and it is not a public esement. I have maintained the easement's asphalt pavement for over 20 years before the new owner acquired the next door building. Since the new owner acquired the building no maintenance was done, except one time asphalt repair that I voluntarily paid for, since the damage may have been done by roots of one of my landscape trees.

When the buildings were built, the easement might have been set out in writing and recorded with the County recorder. If so, there might be a recorded easement agreement between the original owners. You can obtain a copy of it, and see whether or not parking along the sides of it is mentioned, or other restrictions in the agreement. If not, then unless parking obstructs the use of the easement by others who have the right, there is nothing that your neighbor can do to prevent you from using it the way you have been. In order to do so he will have to go to court and prove that you are "overburdening" the easement. It certainly doesn't sound like that is the case.

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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,580
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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