Q: Does neighbor's interference with property sale constitute tortious interference?
I have a business and property for sale, and a potential buyer backed out on the day of closing after receiving a call from my neighbor, who wanted to buy the property but made a low offer that I refused. The neighbor persuaded the buyer not to proceed by saying they wouldn't allow parking. There was a signed purchase agreement and earnest money was given. Despite no formal parking agreement, my neighbor allowed shared parking for six years, until I declined their offer, after which they began restricting access and defaming my business on social media. This has negatively impacted my business, with customers turning away for fear of being towed, and stakes placed by the neighbor have damaged vehicles. I haven't taken any legal action yet. Do these actions constitute tortious interference?
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A: There may be a boundary or easement dispute, which is at least a cloud on both titles. You may try to make such a tort suit, including slander of title, but it will be very difficult. Collection might be impossible. Access to your business is what is important, not selling the property, so try to get an agreement or an order on access. Or create a new access path.
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