What Do I Do if a Neighbor is Blocking Our Private Road?

Full question:

main dirt road threw Hawaii subdivision is private rd., owned by man who does not own land in subdivision(only road). yet deeds state road is 40 feet wide for all owners to use. man at first of rd. has narrowed the rd. down to 10 ft. next to his house by placing large rocks along rd. he will not stop it, since rd. runs along his 6 lots so he thinks he has a right to do it. must i go to court since he will not stop obstructing the rd. since road is private police will not deal with problem.

• Category: Real Property
• Subcategory: Easements
• Date: 04/07/2025
• State: Hawaii

Answer:

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that

(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.

A request for a declaratory judgment may be filed with the court, seeking to have a judicial declaration of the rights of parties involved. A petition for a declaratory judgment asks the court to define the legal relationship between the parties and their rights with respect to the matter before the court. It is used to determine the legal status of a situation, rather than the enforcement of the rights involved.

There are basically two types of easements- easements in gross and appurtenant easements. Easements in gross are personal rights given to individuals or specific groups. Once the easement owner dies or, in the case of corporations, dissolves, the easement terminates. Appurtenant easements are more permanent and are given to both the property and its owner. If the property owner with an easement sells the property, the new buyer gains the easement rights that belong with the property. To be a legal appurtenant easement, the properties involved must be adjacent to each other and must be owned by separate entities.

When the title is transferred, the easement appurtenant typically remains with the property. This type of easement runs with the land; which means that if the property is bought or sold, it is bought or sold with the easement in place. The easement essentially becomes part of the legal description.

To terminate an easement, a condition for the purpose of the easement must have changed, such as:

• Easement's purpose no longer exists

• Ownership of the easement and of the land where the easement is located merges into one owner

• Land owner releases the easement

• Easement is abandoned

• Nonuse (of a prescriptive easement)

• Adverse possession by the owner of the land where the easement is located

• Court judgment in a quiet title action

• Misuse of the easement

Misuse of an easement does not usually terminate the easement but may give rise to claims for legal or equitable remedies. Legal proceedings may be necessary to interpret and determine the scope of easements.