Unwilling easement

[Pahq]

What is the name of your state
New York

My house is next to a building which contains a grocery store and multiple other stores. They approached me about wanted to build a emergency exit door right on the wall bordering my property. This door would open into my property and thus people would exit onto my property. Initially I said yes but that we would need a contract and that I wanted certain terms. Since then they have built the door and plan a walkway from the door to the back of my property. I have never r signed the contract they have given me nor do I want to agree to the terms of the contract. Do I have any legal recourse to them building the exit. Technically they are still on their property since they get a certain amount of feet from the back of their building.

 

[Zigner]

What is the name of your state
New York

My house is next to a building which contains a grocery store and multiple other stores. They approached me about wanted to build a emergency exit door right on the wall bordering my property. This door would open into my property and thus people would exit onto my property. Initially I said yes but that we would need a contract and that I wanted certain terms. Since then they have built the door and plan a walkway from the door to the back of my property. I have never r signed the contract they have given me nor do I want to agree to the terms of the contract. Do I have any legal recourse to them building the exit. Technically they are still on their property since they get a certain amount of feet from the back of their building.

Let me get this straight: You said "Yes, if you put XYZ in writing." They put XYZ in writing, gave you the document to sign, and then proceeded on good faith. Now, you want to change your mind. Is that right?

Furthermore, if this is all occurring on their property, what's your beef?

 

[FarmerJ]

SO did they add in something that you will not agree to ? You wrote >> Do I have any legal recourse to them building the exit. Technically they are still on their property since they get a certain amount of feet from the back of their building.

When you wrote >> Technically they are still on their property since they get a certain amount of feet from the back of their building.<< which is it ? either this neighboring commercial property has a larger lot than what you think or they don't ???, If the building sits literally on the lot line or is just inside the lot line by inches I would suggest you act quickly and use the links above to arrange for a atty to see this contract they prepared ( which is how you have presented this) and send to them a letter telling them you refuse to agree to this contract because they added (XYZ ) and you wont grant consent for them to make any changes to your property such as building a walkway , or doing anything else to your property with out written consent. If you catch anyone beginning any kind of work such as building a sidewalk , call the police to get the contractor to cease damaging your property.

 

[Pahq]

We did have an agreement that once a contract was signed they could begin working on the door. They then proceeded to build the door in a different location than we agreed before we signed the contract. We are right next to the back of the building. If they were building a window etc we wouldn't care. The problem is that the emergency exit door might have people entering our property in event of an emergency and they are basicily exciting into our backyard. What if someone is injured while exciting on our property and we are the ones held liable? If we see them building a sidewalk we will call the police thank you for this advice.

 

[154NH773]

I have never r signed the contract they have given me nor do I want to agree to the terms of the contract.

If the above is true, they have no easement nor do they have any right to trespass on your property.

If you have promised an easement, and they meet the terms of the conditions you have set for signing, then you could be liable for backing out of the agreement.

You did not make it clear whether the sidewalk is on their property or yours. If it is on their property you have no say in its construction unless it violates building codes (setbacks, etc.).

It sounds like they must meet some kind of fire code or other requirement for the use of their building. If you disagree that they have a right to exit onto your property, perhaps you should speak to the local building inspector. It may be that their insurance company requires the exit, but that doesn't obligate you to give them access to your property.

Speak to a local lawyer.