Asked in LiensProperty LawDeeds and Ownership
We own an easement and tHE OTHER PROPERTY OWNER BLOCKS THE EASEMENT IS THIS LEGAL WHAT ARE MY RIGHTS?
January 20, 2008 5:47PM
An easement is a property right, and unauthorized blocking of your easement is a trespass. You can have the blockage removed by court order, if necessary. Local law enforcement is often understandably reluctant to become involved in a civil dispute.
For example, if your neighbor blocks your shared driveway with a vehicle on private property, and refuses to move it upon polite request, your next call is to a lawyer, not to the police. If it is blocking on the public street, then (in some places) the police will tag and tow the vehicle regardless of who owns the property or the vehicle.