The County Abandoned the ally behind my house. They split it down the middle and gave it to the neighboring property owner. My shop has an garage door that was accessed by this ally. Do I have any easement rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
The County Abandoned the ally behind my house. They split it down the middle and gave it to the neighboring property owner. My shop has an garage door that was accessed by this ally. Do I have any easement rights?
My shop is very old and has only been accessed by this ally. I have lived here for 4 years and have always accessed the shop and my back property from this ally.
Asked on November 7, 2016 under Real Estate Law, Montana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
IF the *only* way to access your property is by the alley, then you should be entitled to an easement "by presecription"--when the law grants you an easement due to necessity. You may have to go to court (bring a lawsuit vs. the other property owner) to get a court order ("declaratory judgment") granting you the easement, but in the event this is your sole access, you should have a good case for the easement.
But if you can acccess your shop and back property some other way, even if it is not convenient, you are not entitled to an easement: courts will only grant A an easement over B's property if there is no other way for A to get to his/her property. It doesn't matter if in the past you went this way--all that matters is whether you have options to get there or not.
Of course, you can also negotiate with the neighbor to try to get a license to use the alley, such as by paying some modest annual or lump sum fee. If you do this, get the agreement in writing.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.