Is there a law that prevents a new property buyer from putting up a fence that blocks 62 parking spaces?
The buyer now owns part of a shopping center that is necessary for parking. Without these 62 parking spaces, numerous businesses will be forced to close, due to available parking occupancy violations. This new owner has set up a fence and disregards the fact that these businesses have been using this space for decades. Also, this fence makes it impossible for cars to turn around in the parking lot, not to mention the impossibility for a fire truck to even enter the parking lot.
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Tags: cars, decades, fence, fire truck, impossibility, parking lot, parking spaces, shopping center
January 22nd, 2010 at 2:18 am
I think that there could be a claim for adverse possession by the business owners. This means the other business owners have used part of the land for their own use for long enough that it is actually their land. Call a Real Estate attorney for a consultation.
Another option is to call the code enforcement for your city/county and complain about the lack of room for a fire truck.
January 22nd, 2010 at 2:18 am
Depends on the circumstances. Check your local zoning codes in regards to Easments.
There may be precident to remove the fence.
It wouldn’t hurt talking to a realtor or real estate lawyer in your town.
Good luck
January 22nd, 2010 at 2:18 am
Check the deed. Public knowledge. Go to the recorders office and ask to see it or have an agent look it up. There may be a Right-Of-Way on it that the buyer is blocking. Check it out. Some people don’t ever read the deed and it can bite them. Some people choose to ignore their deed and end up in court.
If this has been going on for decades then Adverse Possession may apply. Check the deed and then a lawyer.
January 22nd, 2010 at 2:18 am
if the person owns the land…….that persons fence stands!
January 22nd, 2010 at 2:18 am
If they’ve really been using it for decades, they probably do have the adverse possession rights by now.
They need to band together and pay for a good attorney.