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Terminating Parking Easement
Hey BP--
I own a duplex in Pittsburgh, PA with an off-street parking pad in an area where off-street parking is at a premium. Prior to purchasing the duplex I signed a parking easement that granted the neighboring SFR to the use of 1-parking spot on my property. It was basically a word doc that states "the residents at [property addresss] are granted use of 1 parking spot between the retaining walls at [address 1] and [address 2]". No survey was drawn and the "easement" wasn't recorded with the county. Fast-forward 18 months and I now want to terminate this easement agreement. I can make my own tenants much happier by allowing them access to another spot. I've already had the "is this ethical" internal discussion and I'm completely OK with my decision. I'm wondering, from a legal standpoint, do I even need to do anything besides provide them with a letter stating the easement is now null & void? In hindsight, I don't think it was ever a legally binding agreement to begin with.
Thanks for your comments & help!
Josh
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#1 All Forums Contributor
- Investor
- Poway, CA
First I am not a lawyer, so realize that this is definitely not coming from an expert in this area of property law.
I agree with the other posts. If you received nothing for granting the use of this parking space then it can be revoked at any time but likely the most amicable way to do this is by explaining that your tenants have a need/desire for the parking space and therefore you want to allow your tenants to use the space. Do it nice but realize the neighbor may be disappointed as you did tell him in writing that he could use the space. He would not have requested the space if he did not desire it. So try to keep things amiable but you do have the right to change your mind if you received nothing for the use of the parking spot.
If you received something for the use of the parking space you are in a different situation. You could try to "purchase" the parking spot back or get lawyers involved. From your description it does not sound like this is the situation.