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There is "NO" sign that says that the space is for garbage or reserved.
What is creonline?
Thanks,
Shawn.
Channel Sanderson wrote:
> Uh... Seek competent legal help.
> That said, I think they should have had it in the condo docs or you should
> have received some written document stating that your parking spot was the
> garbage zone.
> How sad. lol
> Anyway, the door sounds like a good option. You could get your car key back
> from the super that way too.
> I was trying to think if you had any leverage to use with the trustees.
> Having the space deeded to you and no easement, I'd suggest walling it
> off completely so no one can get garbage into it in the first place. Nasty,
> I know; but the threat of such might put the trustees in a mood to split the
> cost of your new door with you. Eh, you probably need permission to build
> anything in "your space" in there anyway.
> The 30 year thing doesn't sound right to me. Not really easement by
> necessity cause the garbage doesn't "need" to be there. Adverse Posession
> maybe. lol (is there a sign that reads "garbage goes here" or "this space
> reserved by trustees for garbage"??)
> Definately see a real estate attorney or post on creonline and wait for one
> of the gurus to weigh in.
> Channel
> Realtor NOT Attorney and not in your state. :-)
>
> "Shawn" <shivanishah_2004@yahoo.com> wrote in message
> news:1144116243.287862.317380@t31g2000cwb.googlegroups.com...
> > I bought a condo in Boston. When we saw it for the first time, the
> > seller's agent showed us the place and the tandem parking. The
> > parking had 3 garbage bins on the side. The garbage bins have garbage
> > for the entire building. The cars have to be moved out of the spot to
> > remove the garbage bins. The seller's agent casually mentioned that
> > when the garbage truck comes, the building superintendent will move
> > your car so that the garbage guy can take the bins out and unload the
> > garbage. To do so, you just have to give your car keys to the
> > superintendent. He did not give this in writing.
> >
> > We thought that we work during the day time so we are not home and the
> > cars are not home so it should not be a problem
> >
> > After we moved in, we found out that the garbage truck comes early in
> > the morning. The superintendent at that time was living in the same
> > property but now he lives 30 minutes away.
> >
> > I looked at the master deed and condo docs and there's no document
> > that says that the garbage should be in my parking spot. There's no
> > easement for this. In fact, the document says that I've the full and
> > exclusive right to rent, sell and use the parking space, which is
> > deeded.
> >
> > I talked to the trustees, who admitted that this is a 'problem',
> > suggested that I should sue the seller's agent and get monetary
> > reimbursement. The developer who sold this unit to Mr.X (previous
> > owner), sold the parking at a deep discount because of the garbage
> > bins. The trustees say that the garbage has been there for 30 years and
> > they have right to keep it there.
> >
> > One of the trustee suggested that I should find an alternate location
> > and pay for any cost that is associated with moving the bins (building
> > a shed, making doorway in the wall so that the garbage man does not
> > have to go from my garage) etc.
> >
> > My short term problem:
> > 1) Inconvenience. The superintendent lives 30 minutes away. What if he
> > refuses to move my cars one fine day?
> > 2) What if the superintendent retires and the new superintendent for
> > the building refuses to move my car.
> >
> > Long term:
> > It is going to effect resale of my property. I bought this property in
> > hurry but the next buyer is definitely see this as issue.
> >
> > What are my options? What should I do? Is it true that since they have
> > kept the garbage at that location for 30 years, they have a right to
> > keep it there? If so, am I required by law to move my cars? What if I
> > take my car keys back from the superintendent and refuse to move my
> > cars? Can I've them legally move the garbage bins to alternate
> > location?
> >
> > Thanks,
> >
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