Owner Had Right to Use Alley Between Buildings

June 30, 2004

There was an alley between two buildings, most of which was on Owner number 1's property. But Owner number 2's tenants had used the alley for over 18 years to access the rear of the building. Owner number 1 made improvements to the alley that interfered with such access. So Owner number 2 told Owner #1 that it believed it had an easement to use the alley and asked it to remove the improvements. Owner number 1 refused to remove them, so Owner number 2 sued.

There was an alley between two buildings, most of which was on Owner number 1's property. But Owner number 2's tenants had used the alley for over 18 years to access the rear of the building. Owner number 1 made improvements to the alley that interfered with such access. So Owner number 2 told Owner #1 that it believed it had an easement to use the alley and asked it to remove the improvements. Owner number 1 refused to remove them, so Owner number 2 sued.

A Missouri appeals court ruled that Owner number 2 had an easement for use of the alley between the buildings. The court said that to prove it had an easement, Owner number 2 had to show that its tenants' use of the alley was “continuous, uninterrupted, visible and adverse for at least 10 years,” which it did. So the court ordered Owner number 1 to remove the improvements, but sent the case back to the lower court to determine how the removal costs should be apportioned between the two owners [Tuf Flight Industries, Inc. v. Harris].

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