Historic Area Rental Dilemma

Historic Area Rental Dilemma

Member since 2021 · 132 posts · 37 votes

I manage a commercial building in a historic downtown area the bottom level is rented out to a store and there are two apartments upstairs I rent out. However the only way to get upstairs to the 2 separate apartments is by a metal stairwell that's attached to the side of the building in an alleyway. The building next door is owned by an older gentleman and we use to have a verbal agreement that he would get paid monthly and my tenants would get to use his dumpster and use the alleyway to go up the stairs. I got the opportunity to get my own dumpster from the city for a lot less then he was charging us so we took it. He now says he's going to block the alleyway so the tenants or myself can't use the metal stairs. The alleyway is technically on his property and the building I manage only gets around 10 inches off the side of my building . Can he actually block this off making it impossible for the tenants to get up to their apartments? He said he owns the stairs and I would only be able to use 10 inches of the stair width since it's on his property but it's solely connected to my building so I don't see how that is. Would he be allowed to do this or would the city side with him or is this just him trying to scare me into paying him again? Any suggestions would help or if I need to talk to the city about this. 

0Reply
33 views

1 Reply

Jump to latestLatest
  • Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    4y

    @Chris Geer If the only access to a property is by crossing through another property, the law usually recognizes an easement. This is called an "easement by necessity." If no dice on an easement, depending how long it has been like that and what the adverse possession laws are in your area, that might be something to look into as well. I’d start by talking to the city about whether there is an easement already and if not then asking for an easement by necessity makes sense in your situation. Probably best to extend an olive branch to your neighbor as well, it always helps to have a good working relationship with close neighbors. Maybe offering to return the favor by allowing him to use your dumpster would make him happy (charge him what he was charging you though lol).

Join the conversationCreate a free account to reply, vote on answers and follow this thread.