Full question:
draper let a commercial business set up without notice or consern to neibors,and now it has blocked off the private right of way to our property,my inlaws sued but in mediation purchased 5 feet of the lane and never relinkwished the familys legal right they've had for over 75 years. can I lien this right of way and sue, and how long do I have? the city even had to aprove the sale for some reason because it is easment for utilitys. can I sue both partys for wanting to extingwish this lane knowing it is used to access the back property. this business has been shoved down our throuts by the city and egnored every compliant and laws that apply to a commercial business in residentual zone.
- Category: Zoning
- Date:
- State: Utah
Answer:
There are several legal issues to consider. First, you need to determine if you have standing to sue. Standing means you must have a direct interest in the outcome of the case. You must show that you have suffered or will suffer harm due to the actions of the parties involved. The court will assess whether your injury is connected to the defendants' actions and if a favorable ruling would remedy your situation.
In your case, the easement is a property interest that allows you to use a specific part of someone else's land. Easements can be created in different ways, including through a deed or by continuous use over time. Once established, easements typically remain with the property, even if ownership changes.
Regarding your in-laws' purchase of part of the lane, it's crucial to understand whether they relinquished their legal rights to the easement. If they did not, you may still have a claim. You might also explore whether the city’s approval of the sale was necessary due to the easement's utility purposes.
Legal action may be taken against both the business and the city if they acted unlawfully in extinguishing the lane, especially if it is essential for accessing your property. However, the time limit to file a lawsuit varies by state and the specific nature of your claim, so consulting with a local attorney is advisable.
For more detailed guidance, consider seeking legal assistance to review your situation and the relevant documents.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.