Can the city issue a final on a structure in a private easement, that they already issued permits for?

I own a building and the restaurant that I rent to built a bar outside in the courtyard on a piece of land that I own.. the city issued the permit but wont give a final.. because the property owner next door has an old ingress egress easement..The city had me build a courtyard years ago.. that is permitted and the easement has been blocked for 8 years with a fence that the city approved.. it has been used as a court yard for the restaraunt for 8 years. The origanl reason for the easement is no longer valid and the guy next door can get to his 5 acre parcial almost 360 degrees around… Can the city issue a final on the bar in the easement, when they already issued the permit? they are saying they cant, and I am saying this is an issue for the private land owners..the guy next door wants me to right a letter to him asking permission and aknowleging he has a right to give us 90 day notice to remove the bar.. I dont feel he has a valid easement and dont want to do the letter. The city says they will give the final with the letter, but I dont want to renew his easement right, when I feel the easement is invalid.

5 Responses to “Can the city issue a final on a structure in a private easement, that they already issued permits for?”

  1. Donald Says:

    I recommend that you interview at least 3 or 4 Attorneys who have a great deal of succesful experience in Real Estate Law in the jurisdiction where the subject proprty is located.

    I recommend that you hire the Attorney that you think is best for your case.

  2. Striving for Honesty Says:

    the old easement needs to be basically undone and the deed re-recorded… you may need to speak to an attorney because it’s really confusing.

  3. Mr Placid Says:

    OK, I don’t know about the permit thing, but if the city says no permit as long as the easement exists, then you need to extinguish the easement.

    Easiest way to remove the easement: Have the easement beneficiary (I presume this is the guy next door) give you a quitclaim deed. That is absolutely the easiest, fastest, and most efficient way to remove the easement. But, be prepared to pay the guy some money if he is a jerk.

    Your only other option, other than the "easiest way" I explained above, is to go to court and have a judge issue a judgment stating that the easement is extinguished, due to abandonment, adverse possession, or loss of purpose, or whatever. Expect this method to take significantly longer than the "easiest way" I described above.

    BTW, WTF do you mean that the guy wants you to write a letter to allow him to remove the bar. And, what do you mean by renewing his easement right?? Do you mean that this easement terminates on a certain date? Then, just wait until that date… the easement will be extinguished.

  4. Andrew P Says:

    First of all, building in an easement is a big no-no, so the city should never have issued you permits in the first place, nor should you have been allowed to build a fence. Second, the owner of the easement has got you, and knows it. Just thank your lucky stars he isn’t ordering you to tear down what you’ve built in his easement. Easements are extremely hard to extinguish, and there’s only a few legal ways to do it.

    You need to find a good real estate attorney to help with this, because you’ve got yourself into a mess.

  5. ca_surveyor Says:

    From the City’s viewpoint, there exists a valid easement for the 3d party and therefore if they allow you to build any structure that impacts that easment they will be potentially liable to that party. So, they simply put the onus on you.

    If the 3d party will not yield up the easement voluntarily and if his requirements are restrictive, your best bet is to take it to court to have the easement extinguished based on none use over the last 8 years. For that you need to talk to an attorney. BUT be prepared that simply because he has other access to his property does not mean that he is not entitled to the easement. Presumably there was a exchange made for the easment (money, goods, promises.. he owns that easement. This becomes a complex matter and that is why you will need to go the court route to ‘quiet title’ the easement.

    good luck.