Neighbors are going to block rear entrance to my home?

Question

I just moved to Washington, DC a year ago and bought a small row house on Capitol Hill. Everything has been great in my neighborhood until 10 p.m. on Friday when I was served with papers from a law firm stating that I will no longer have access to the rear of my home. They informed me that any vehicles left on my property will trapped because they will be blocking the alleyway with a fence and only they can use it. Yes, technically they own the alleyway, which leads into their parking lot and mine. However, this Alleyway has been used by the previous owners (since 1979) and the house was sold as having off street parking. Can this property become public property by grandfathering it in because it has been used as such for a long period of time? Furthermore, the back of my home has a large utility pole and if they fence it off the utility companies will not have access to it. This pole provides phone and cable service to at least 10 homes and an apartment complex. I am not sure why this lady did this because I have only used my rear access about 3 times and I don't even know her. I am concerned about losing my off street parking because that will dramatically decrease the value of my home. Please help!

Answer 1

This sounds like you have a right to continue to use the access to your backyard. The neighbors are just trying to subvert that right by closing the access route.

There is a history of use as indicated by the information you presented.

There is a legal concept known a "easement by prescription" which will enable you to keep using the access, if the judge agrees with you ( which in my opinion he will)!!!!!

Answer 2

Get a real estate lawyer NOW.

No, the alley cannot become 'public property' simply by being used for years, but the other property owners may have a right to an easement - ie a right to cross it.

I'm not familiar with the DC laws on such usage-based easements though - you need to go to a local lawyer who is.

Richard

Answer 3

talk to a realtor or lawyer about easement laws.