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Updated about 5 years ago on . Most recent reply

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Robyn Henderson
  • Brooklyn, NY
2
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20
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Neighbor not providing access even though easement is in deed

Robyn Henderson
  • Brooklyn, NY
Posted

I purchased an investment condo in a 3 unit multifamily building located in Northern NJ. The layout of the condo is strange where the hotwater heater is located in the garage (which is deeded to another unit(unit 3)) and the water and HVAC system are located in a utility closet in another unit(unit 1). I recently had an issue where the tenants had a leak and I had to turn off the water, luckily the unit 1 owner who has the water shutoff in his utility closet was home. I had a plumber come to fix the underlying issue and the unit 1 owner was attempting to force me to work around his schedule, even though it was an emergency repair. My tenants had no water to do daily activities for many hours.  

When I closed on this condo, I was told I had an easement to the other unit (and garage) to access my utilities. It seems like the current unit owner is only comfortable to provide access when he's around. 

What can I do? 

I was thinking of asking for a key or having the unit owner sign a document releasing me from any liability or damage that is caused by my inability to access the utility room.  Is there a way to enforce my easement rights? 

Most Popular Reply

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Andrew B.
  • Rockaway, NJ
2,139
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Andrew B.
  • Rockaway, NJ
Replied

What is actually in his unit that you need access to? If it’s just the shut offs, you can have them installed your unit so you can shut it off yourself. It may require several shut offs depending on layout.

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