Common Area Without Easment
I am in the process of buying an office building and something has come up. This is 2 story office building, with a small common area in the middle including a wheelchair ramp, and then another 2 story building on the other side. They are all connected and I am just buying the 1 side. I was under the impression that there was deeded access to the side I am buying allowing us to use the wheelchair ramp which is owned by the other side. There is not. Now, the current tenant on my side uses the ramp without issue and other tenants have been using it for years without issue. I am concerned though that if the owner on the other side wants to be an idiot some day, they can say hey stop using the ramp. How concerned should I be about this now?
Can you build your own ramp? I realize that using the existing one is easier but if that becomes no longer an option then I suppose building your own is the worst case so be sure that you would be able to do so. Or you can approach the owner of the other building now in an effort to obtain deeded access, expect a return request for something of value to that owner if you do.
How long is "for years"? In most places adverse possession for access, which does not have to be exclusive, is seven years or less. If "years" is five or more, you might consider contacting an atorney experienced in access issues before acknowledging ownership to the other party.
Sometimes letting sleeping dogs lie is the best policy...
Chris
was there a side agreement made at some point?
Thanks everyone.
Found out even though the buildings are attached and look almost identical, the side I am interested in was built in 1963. The other half was built in 1978. We cant believe they built the other side, put in a common connector area, put 1 ramp to that area and didnt create some legal access. I suppose maybe 1 owner owned the whole thing then so it didnt matter but why didnt they address this when they split them back up?
The other owner says he has no problem with my potential tenant using the ramp as long as he maintains some insurance for his patients that use it. But at this time he does not want to put it in writing. Different tenants in the side I am interested in have used it for I guess 30 years now without issue.
I am moving this out of the Deals in Progress forum to the Law forum.