[MRM]

This is one of the most complex areas of law you can imagine. Tracing and establishing easements and other conveyances going back to the 30s, relating to separate parcels that were once owned jointly, is a nightmare. It's just insanely complicated.

The city, city code or business inspectors and mayor have nothing to do with whether their is an easement. They can determine whether the work the other party is doing meets code, and they might put the kibosh on construction while ownership/easement rights are established, but usually they won't get into it with anyone.

There are two or three issues to deal with. Is there a "conveyance" in the property' title that grants an easement or other property right. Second, is there a prescriptive easement that exists because of the nature of the property and the restriction in access without going across the other property. Finally, if there isn't a formal conveyance on the title or a prescriptive easement imposed by law without being recorded on the title, there's the issue of possible adverse possession.

If money were no object the first thing you should do is hire a lawyer who specializes in real property title issues, preferably someone who has worked as or for a county register of deeds. He would hire a title company or another professional title examiner to look at the title to see if there is an easement on the title. He would also know how to claim and record a possible prescriptive easement or claim adverse possession if appropriate. The way you resolve the issue is to sue the neighbor with a suit called a declaratory judgment action asking the court to declare whether their is an easement under any theory, and to declare what your property rights are and what the neighbor's property rights are. This can be extremely expensive and contentious. Property disputes between neighbors cause some of the worst blood between the parties of all types of disputes there are.

Since money is always an object, I would suggest calling around to title insurance companies, describing the issue to them and asking how much it would cost for a title search specific to the easement issue. They will have several options, ranging from a full abstract to something like a commitment. I would start with a title insurer for a title examination and see what you have to work with as a starting point.