What to do if a piece of property has been used as an alley between 2 buildings for 75 years and now one property owner says that it belongs to them and is refusing the other owner access?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a piece of property has been used as an alley between 2 buildings for 75 years and now one property owner says that it belongs to them and is refusing the other owner access?
There is a map from INDOT that shows it is an alley. What can
we do.
Asked on September 11, 2017 under Real Estate Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can take him to court by a legal action filed in chancery court (a part or division of county court) seeking a "declaratory judgment" (official--and enforceable-court determination) as to who owns that strip of land and (related but not identical question) what are the access rights to it? (E.g., even if property owner A owns it, does B have an "easement" to access it?) As long as your building is owned by you personally and not an LLC or corporation, you are allowed to bring this action yourself if you want, to save on costs ("pro se"), though, of course, having an attorney (e.g. a real estate lawyer) is recommended. If the building owner is an LLC or corporation, you must have an attorney (a person can only represent him/herself; an LLC or corporation is a separate legal person and needs an attorney).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.