Deliveries to the store I own are made via a narrow alley that runs between my building and another building. The alley is just wide enough to allow a single truck to pass through. The tenants of the other building have begun parking their vehicles in the alley preventing it from being used by trucks making deliveries to my store. Those tenants claim to have permission from the owner of the building. What are our respective rights to use the alley and does anyone have a right to block the alley?
Generally speaking, alleys are passageways that the owners of the properties which abut the alley have a right to use for its entire length and width. The act of blocking or parking on the alley is a violation of your rights since you have a right to use the entire alley. Many alleys in the city are public which means that they are owned by the City of Boston. As such, the rights in the alleys would be governed by any regulations that might be imposed by the City. I think your best recourse would be to call the traffic division in the City of Boston and tell them what is going on. In addition to blocking your deliveries, they certainly create a hazard for emergency vehicles, fire trucks and police services that may need access to the alley in order to come to the rescue.
If you have questions about this or any other real estate matter, please contact Tom Bennett at (617) 531-6574 or tvb@barronstad.com
