Standard disclaimer: I'm not an attorney and this ain't legal advice.
IMHO no recourse. The easement doesn't affect the use of the building and no one is claiming they own something that they don't have the rights to. The fact that the tenant "doesn't like it" is an attempt by the tenant to extricate themselves from the lease or other payment requirements.
A common stairwell should be able to be secured at both the outside point of entry (it sounds like it is) and at any points along the way with doors that prevent unauthorized access. If the stairwell has been there all along, it's not more of a security issue now than it was before, just because some other folks are using it.
In theory, The tenant could abandon the stairwell in place and build separate access for themselves.
Hope that helps.
Hi @Richard Fischer ,
Not my area of expertise, but you may want to contact a lawyer. If I am reading it right the stairwell was maintained and only used by one side for 10 years? It might help to know which side "owns" it and which company "has access rights" to it? Check with a lawyer local to that area to be sure, but I believe there is something about an easement not being used in a period of time that can be used to show it is not needed. So your resolution may not lay with the title company but with who has been maintaining/not using the stairwell.
Good luck and hope it works out.
@Richard Fischer My answer (likely no recourse) is in the thread you posted about this in a different forum.
As far the easement being abandoned, that's clearly not the case here as the easement holder is trying to use it.
Free eBook from BiggerPockets!
Join BiggerPockets and get The Ultimate Beginner's Guide to Real Estate Investing for FREE - read by more than 100,000 people - AND get exclusive real estate investing tips, tricks and techniques delivered straight to your inbox twice weekly!
- Actionable advice for getting started,
- Discover the 10 Most Lucrative Real Estate Niches,
- Learn how to get started with or without money,
- Explore Real-Life Strategies for Building Wealth,
- And a LOT more.
Sign up below to download the eBook for FREE today!
We hate spam just as much as you
Join the Largest Real Estate Investing Community
Basic membership is free, forever.