Right-of-way without an easement

[cherylrose103]

What is the name of your state? New Jersey. We own a property that we are in the process of trying to sell, but it may fall through because of a lack of access. The property is in a business district with road frontage, but is landlocked on all other sides. The property is 175' long and has always had parking in the back. We have surveys showing that access is gained through the adjoining parking lot next door. I went to the courthouse to research our property as well as the properties next store, and there are no easements on any of the deeds.

When we purchased the building, we were told that there was a right-of-way, and we had no problem gaining access through the parking lot as well. The property owner who owns this lot also owns the lot on the other side and has a lease purchase agreement with a church. The church has been granted a variance by the city to operate a daycare, and now they have erected a temporary fence. Apparently they want to use the lot as a playground for the daycare, and as a parking lot during church hours. Now there is no access to the back of our property, which is a major problem for the prospective buyers. There is also an apartment upstairs that would be occupied by them. We have a lawyer, who has not been alot of help inspite of numerous calls, and I am at a loss as to where to find information on "continued use right-of-way". Thank you in advance for any advice or information you may give me.

 

[atxcoolguy]

if you've been using this right of way easement for a certain amount of time, you can get a prescriptive easement. you'll have to get a real estate lawyer, not just some regualr lawyer if that's what you have. if you are truly landlocked you should be able to get easement rights. just talk to a real estate lawyer.

 

[BelizeBreeze]

if you've been using this right of way easement for a certain amount of time, you can get a prescriptive easement. you'll have to get a real estate lawyer, not just some regualr lawyer if that's what you have. if you are truly landlocked you should be able to get easement rights. just talk to a real estate lawyer.

Not necessarily correct. The property is not landlocked as there is access to the front.

There would have to be a much more persuasive case for this poster to obtain a prescriptive easement through either of the commercial properties.

 

[seniorjudge]

What is the name of your state? New Jersey. We own a property that we are in the process of trying to sell, but it may fall through because of a lack of access. The property is in a business district with road frontage, but is landlocked on all other sides. The property is 175' long and has always had parking in the back. We have surveys showing that access is gained through the adjoining parking lot next door. I went to the courthouse to research our property as well as the properties next store, and there are no easements on any of the deeds.

When we purchased the building, we were told that there was a right-of-way, and we had no problem gaining access through the parking lot as well. The property owner who owns this lot also owns the lot on the other side and has a lease purchase agreement with a church. The church has been granted a variance by the city to operate a daycare, and now they have erected a temporary fence. Apparently they want to use the lot as a playground for the daycare, and as a parking lot during church hours. Now there is no access to the back of our property, which is a major problem for the prospective buyers. There is also an apartment upstairs that would be occupied by them. We have a lawyer, who has not been alot of help inspite of numerous calls, and I am at a loss as to where to find information on "continued use right-of-way". Thank you in advance for any advice or information you may give me.

You are not landlocked since you have access to a public road.

You have no prescriptive easement because you were using the land with permission, i.e., you just had a license to go over the land.

You can still sell your land; it just depends on how much someone wants to buy it for.


we were told that there was a right-of-way, and we had no problem gaining access

Everything involving real estate must be in writing to be enforceable.

 

[atxcoolguy]

yeah, disregard my post as i thought you were landlocked. if you're not landlocked, then why do you need an easement? you could contact the landowner who owns the land you want easement rights to and possibly make a deal with the landowner. he might grant it although he may want you to pay for it.

 

[cherylrose103]

I appreciate the responses

I know that we are not technically landlocked because of the frontage, but we also have no way of getting to the back without accessing through other property. We have already approached the owners on both sides and offered to pay for an easement, but it is not something either side wants to do. We even offered up maintenance fees to pay for any upkeep of the lots such as paving, and snow removal, and suggested this to the potential buyer. If parking was not such a problem in this area, then it would not be an issue. I had just heard that if a property is being used for an extended period of time that it became a right-of-way automatically. I had no first hand knowledge of it. I am appreciative to all who respond. Thank you!

 

[cherylrose103]

Just another thought

I do not know if anyone ever asked permission to use the lot. I know that we did not, because we thought that it was automatic. We did have an amicable relationship with the former owners. I guess they were alot nicer than we realized, because they never brought up the issue of using their property for access. The building next door was originally a office supply store, and the parking lot was used for customers rather than private use. Would that qualify as a prescriptive easement now?

 

[itsacatsworld]

Hard to believe theres no alley or that your building covers all 175 ft of your frontage? All you would need is a 10 ft wide strip to access your rear. Do you know for a fact exactly where your property lines are?

 

[itsacatsworld]

How does the refuse truck access your dumpster, surely your dumpster for the trash isnt out in front on the sidewalk.

 

[BelizeBreeze]

How does the refuse truck access your dumpster, surely your dumpster for the trash isnt out in front on the sidewalk.

It doesn't matter how the refuse truck gains access. If it's a city truck or city contracted truck, the rights and priviledges are different than a private citizen.

 

[cherylrose103]

Property Boundries

The front of the property is only 41.5 feet wide, and the back of the property is 50 feet wide. The building takes up almost the entire front of the property. The property is 175' long, and 25' longer than any other property on the same side of the street. But useless, at this point. There is no alley behind the property. This forum has me thinking more about what other options there might be available. We could possibly offer an easement for an easement. The church would probably benefit from having a space other than a parking lot for a playground. (Our property is not paved behind the building, it is grass, and stone), and we would benefit to have some use of the parking lot. The space I am thinking about lies at the very back of the property, and could be enclosed with a fence for the childrens protection. The only issue bothering me is the liability issue if a child should get hurt on our property. I don't know if a waiver would provide enough protection from being sued should something happen. I realize that it would be a lifetime waiver, and don't know what impact it would have long term to future owners. Does anyone know if a property owner is liable for any damages (including physical) that may occur on an easement over someone else's property?