Property line issue with adjacent gas station

[bert79]

We own a 3+1 car wash that sits directly next to a large chain gas station and convenience store. There is an vacant lot that we own between the two buildings. We own right up to the drip line from the eaves on the gas station building. We have owned the property now for about a year. We know that the previous owner had property line disputes with the gas station and nothing was ever resolved. When we did the survey prior to purchase we discovered that the gas station has vent pipes that are technically on our property (by inches) AND that the gas station had painted parking lines so that their customers had parking on OUR property between the two buildings. I'm curious if anyone here has ever had to deal with a large gas station chain and if they have had any luck with getting any money for them using your property. I am really just interested in getting them to share the cost of insurance, upkeep and property taxes because their customers use our property and their delivery trucks park on our property. Any advice?

 

[getnbusy]

I can see this goin nowhere with you playing nice. set up some concrete pillars like they use on the interstate to block him off. He will likely be ready to deal when he finds out how bad he needs your space. Then you can swing the deal in your favor.

 

[MEP001]

I know a local operator in a similar situation. Each time something comes up he has to get a lawyer to write them a letter. The last time was something petty, but it's in the agreement that goes back to 1987 - the convenience store was in the middle of painting their building and one of the partners of the wash stopped the crew because the wash owner owns 3 feet under the store and the wall is technically his property. It was done that way to allow egress from the wash to the street, otherwise the wash would have been separated from road access on one side by the store's property and would not have been granted one of its permits or licenses, I forget which.

 

[Earl Weiss]

You may have larger issues. If this has been going on for a certain number of years continually they may have acquired rights to this property. Depends on ho long. Concerning the survey / encroachment issue at closing: What did your lawyer say? What did the title company do on their owner's policy? You should consult a lawyer.

 

[soapy]

Land that has been used for years by them can actually become joint property through. "Prescriptive Easement" get your lawyer involved

 

[bert79]

In Michigan the prescriptive easement time period is 15 years. We have written letters advising them of our claim in the year that we have owned the property. The previous owner complained constantly the entire time that he owned it. We will have to get a lawyer involved for sure. Thank you all for chiming in and giving me some ideas.

 

[Sequoia]

In Michigan the prescriptive easement time period is 15 years. We have written letters advising them of our claim in the year that we have owned the property. The previous owner complained constantly the entire time that he owned it. We will have to get a lawyer involved for sure. Thank you all for chiming in and giving me some ideas.

Possession is nine tenths of the law. You could install some concrete K-rails at the edge of your property to make it very clear it is your property. This might be an inexpensive way to do this that is also removable if they took you to court and you had to remove them.

Asking them to share in on-going expenses for your land is, in my opinion, a very very bad approach. You might consider an outright lease of the entire lot to them instead.

 

[wyatt]

I own two washes next to gas stations.

I try to be as friendly to them as possible because people often think my wash is owned by the gas station so when customers want to complain the gas station gets to hear it. I don't want them being disrespectful to my customers simply because they don't like me.

Reason #2 The gas station sells washes for me at their pumps and c store. This benefits both of us (they take a %) so I allow them to use the side of my property for deliveries/parking.

 

[Sequoia]

I own two washes next to gas stations.

I try to be as friendly to them as possible because people often think my wash is owned by the gas station so when customers want to complain the gas station gets to hear it. I don't want them being disrespectful to my customers simply because they don't like me.

Reason #2 The gas station sells washes for me at their pumps and c store. This benefits both of us (they take a %) so I allow them to use the side of my property for deliveries/parking.

Curious-- do the gas stations sell pre-loaded cards to swipe? And how much do you compensate them? I am considering doing something very similar but it is only in the thinking stage.

 

[wyatt]

No, I am integrated into their POS system. When they sell a wash for me, their receipt shows a code that they can key in at my autowash pay station. It only works for my IBA, not my self serve bays.

One of my washes has a deal that they keep 20% of whatever they sell. Then at the other location, if someone buys a car wash, they get 10 cents off per gallon of gas. So they get 20% of whatever they sell and then we split the gas discount which usually works out to about 9% so they technically keep 29% of what they sell for me.

The reason I do it is mainly to remind people they need a wash. I see people all the time get gas and then hop in a ss bay anyway.

Gas station sales for my IBA account for about 1/3 of my IBA sales.

 

[Sequoia]

No, I am integrated into their POS system. When they sell a wash for me, their receipt shows a code that they can key in at my autowash pay station. It only works for my IBA, not my self serve bays.

One of my washes has a deal that they keep 20% of whatever they sell. Then at the other location, if someone buys a car wash, they get 10 cents off per gallon of gas. So they get 20% of whatever they sell and then we split the gas discount which usually works out to about 9% so they technically keep 29% of what they sell for me.

The reason I do it is mainly to remind people they need a wash. I see people all the time get gas and then hop in a ss bay anyway.

Gas station sales for my IBA account for about 1/3 of my IBA sales.

That helps a lot -- thank you.

 

[soonermajic]

Wyatt, 30% seems like a helluva lot?!! I did the same for yrs, but gave C-store only the .10 off/gal. Worked great for me.
Im trying to lease a carwash right now, just off I30. Could sell washes, but they want 20%, which is 5% higher than im willing to go. They would already get $2500/mo, for the 5/1. IBA washes about 26cpd right now.
Any thoughts on this , guys?

 

[wyatt]

It is a lot, but I end up ahead allowing them to sell for me. There's definitely pros and cons but I personally think there's more pros.

It's a big corporate gas station so you either pay their fee or they don't sell your washes, that simple.

 

[Waxman]

In situations like this, having a good lawyer is helpful.

A knowledgeable attorney can save you alot of time and money by telling you the laws, their enforcement methods and how likely you are to succeed in action or a lawsuit.