Madison, WI asked in Real Estate Law for Wisconsin

Q: Can I have parking space in ingress/egress area where the potential parking space not obstruct ingress/egress route?

I am a commercial property owner and we have ingress/egress easement with neighbor to let them use an area within our property for ingress/egress. There are unofficial parking spaces in that area which have no impact on their ingress/egress. The city wouldn't allow me to use the parking space as legal parking. Your opinion is appreciated

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1 Lawyer Answer
Jason Anthony Greller
Jason Anthony Greller
Answered
  • Madison, WI
  • Licensed in Wisconsin

A: The answer will depend on the language of the easement. Generally, easements for ingress/egress prohibit either party from blocking any portion of the easement area,regardless of whether or not the parking blocks actual access. The underlying argument is that neither the dominant or subservient estate has the right to exclusive use of any portion of the easement area and parking a vehicle would be considered exclusive use.

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