Kansas City, MO asked in Consumer Law and Land Use & Zoning for Kansas

Q: Can a business block my way into my garage?

I've been driving across a vacant city lot for 30 years, a business came in and built their building going 10 feet into the easement of the alley. There was no notice when they were going to build this building and block my access into my garage. I am disabled and the situation of not being able to pull safely in and out of my garage is a problem. My sister is helping me ask so it will be her information for signups.

1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Real Estate Law Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: Your statement seems to indicate the following: You have a garage that opens into an alleyway. A business built a bulding that extends into the alleyway that blocks access to your access. Your access has previously included access through a vacant city lot for 30 years. It is a little unclear as to whether the vacant city lot is where the business built the building (after purchasing the lot from the city.) The first question that comes to mind is whether the alley is a dedicated alley. That information might appear on a county orthophoto map or be indicated on a plat filed at the Register of Deeds on which a dedicated alleyway would be indicated. If the building encroaches upon a public right of way, the city might assist in correcting the mistake. Use of the lot or some portion of it exclusively by you for fifteen years or more might have given rise to a claim of adverse possession. You should consult with an attorney immediately.

Tim Akpinar agrees with this answer

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