Auto shop parking cars on shared easement

[carlton1]

What is the name of your state (only U.S. law)? Oklahoma

I have a commercial business that shares a driveway with another business. My business is on the right, and the other business is on the left.

My property pin is located on the LEFT side of the 25 foot driveway. So I own the driveway. The other business has parking to the left and I have parking to the right. (their building is about 24 feet from our property line.)

The other land owner has an easement agreement with us to drive on the driveway and it states that the driveway easement are will remain free and clear at all times INCLUDING vehicles.

Well, the are parking cars on the easment. You can barely drive in the lot now.

They have about 11 parking spaces and they have had 25 cars parked on the property with about 10 of them on the easement.

I said something about it over a month ago to the guy renting the building. I showed him my property pin and his reply was, "Why didn't they put it in the middle of the drive." I told him I need the cars removed from the easement.

Well, a month later and they are still there. A guy that rents a small office from us has had his truck backed into, and we have actually had customers park in the street because they do not want to drive into the parking lot because there is not enough room to turn and park, then back out on our side.

I know I can take them to court. What is the fine? If they keep parking on the easement after we go to court, who do I call if they are still there? City, State or County police?

[FarmerJ]

Since the other building is rented you should first contact your city fire dept to determine if the easement access also can be posted as a fire lane or if there is any fire lane ords that cover it , they should know, If there are then talk to a atty using the links above about posting with firelane signs tow away signs and t draft a letter on your behalf to send to the other buildings owner. This alone may do the trick since if a fire dept cannot get in to either property should something happen then its possible that the other building owner could be sued by your insurance for the loss because they permitted a tenant to block access. Any way use the links above to speak to a atty once you have info from your local fire dept & a copy of the easement so this way the atty would be able to more easily assist you with that part of the work done ( less time since they wouldnt have to be paid to get the info them selfs from scratch)

[154NH773]

I would notify the other party's landlord of the violation of the easement agreement.
If it is as you describe, the other party has no right to park on your property. There is no "fine" or enforcement by the authorities. You would have to take the landlord to court. Once the court issues an order to keep the easement clear, which seems probable under the circumstances, he must obey the order or could be found in contempt.

[Stevef]

Originally Posted by carlton1

So I own the driveway.

it states that the driveway easement are will remain free and clear at all times INCLUDING vehicles.

Send them a letter CRR, including a copy of the easement, informing them that you will have cars towed that are illegally parked on your property.

Call the police and find out how to get cars towed from your property that are illegally parked. It may involve putting up "NO PARKING" signs.

[carlton1]

Originally Posted by 154NH773

I would notify the other party's landlord of the violation of the easement agreement.
If it is as you describe, the other party has no right to park on your property. There is no "fine" or enforcement by the authorities. You would have to take the landlord to court. Once the court issues an order to keep the easement clear, which seems probable under the circumstances, he must obey the order or could be found in contempt.

I have contacted the landlord by phone about 1 month ago (same day I talked to the tentant.) If we go to court and they keep parking on the easement what happens when they are in comtempt? A fine?

[FarmerJ]

Even if the easement is not city land your city might have already addressed it and require it to remain with out obstruction for fire dept access , give that a shot, if its already regulated they will go after the owner who can go after the tenant to make them stop it.

[154NH773]

I have contacted the landlord by phone about 1 month ago

That is not the same as a Certified RR letter. A phone call may be ignored, but a letter can be seen by the landlord as the first step in a legal action, which he would probably want to avoid.

I can't say what the consequences from disregarding a court order would be. I'm sure there are others that might be able to advise from experience what the police or courts might do, or be able to do.

[Kiawah]

Take pictures with date and time stamp, and include those in your letter to the building owner.

[154NH773]

Take pictures with date and time stamp, and include those in your letter to the building owner.

I could not agree more.

It is essential that you document everything. Take photos EVERY day. I had photos of a similar situation taken over a two year period. The violator tried to say it only happened once. Without the many photos I might have lost the case.

[JustAPal00]

Notify the LL in writing. Send it certified. Wait a week and then put up "No Parking" signs. Begin having the cars towed the next day. He will stop parking them there and hurting your business!

[carlton1]

I had our attorney send a letter today to the landlord, and tenant certified. I have been taking pictures for about 1 month with a date stamp. I also just received my sign stating that unauthorized vehicles will be towed at owners expense.

[Kiawah]

The first towing experience will be fun.