Legal Question in Real Estate Law in Massachusetts

I started parking at this parking lot across the street from my apartment, and about 2 months ago, the old owner put up a sign saying "Authorized parking only. All others will be towed at owner's expense". I confronted the guy who claims to own the parking lot, but I believe he is leasing the old (out of business) ex-service station that once used the parking lot. My question is, can he legally rent out parking spots even though he is only leasing the building? The building has a permanent "closed" sign on it, but the geezer noticed that a lot of people park there for free and he started charging them. Is this legal/are there any ways of getting around it so I don't have to pay to park in a parking lot that isn't used for the out-of-business service station?


Asked on 5/03/10, 11:07 am

1 Answer from Attorneys
Nicole Reeves Lavallee Reeves Lavallee, P.C.

The owner of the land certainly has the right to remove anyone parked there unlawfully, whether the building is occupied or not. As for the "geezer" he may be leasing the land. You had better be sure of his actual status. If he is leasing from the landlord or has the landlord's authority to be on the premises and to remove unauthorized person then yes you can be towed. If this person has any kind of authority to be there, whether under a lease or with the owners permission then he re restrict you from being there. I would ask to see his lease or something in writing from the owners.

Nicole

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Answered on 5/15/10, 8:53 am


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