Can I take legal action against a neighbor obstructing a 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 is a court order requiring someone to do or refrain from doing a specific action. You must show that without this order, you will suffer harm that cannot be fixed with money. To obtain a preliminary injunction, you typically need to prove:

1. You have a strong likelihood of winning your case.
2. You will suffer irreparable harm without the injunction.
3. The injunction won't cause significant harm to others.
4. The public interest will be served by granting the injunction.

You may also file for a declaratory judgment, which asks the court to clarify the legal rights of the parties involved. This type of judgment defines the legal relationship between parties rather than enforcing rights.

There are two main types of easements: easements in gross and appurtenant easements. Easements in gross are personal rights that end when the owner dies or the entity dissolves. Appurtenant easements are attached to the property and remain with it even if sold. For an appurtenant easement, the properties must be adjacent and owned by different parties.

To terminate an easement, certain conditions must change, such as:

• The purpose of the easement no longer exists.
• Ownership of the easement and the land merge into one owner.
• The landowner releases the easement.
• The easement is abandoned.
• Nonuse (for prescriptive easements).
• Adverse possession by the landowner.
• A court judgment in a quiet title action.
• Misuse of the easement.

Misuse generally does not terminate the easement but may lead to legal claims for remedies. Legal action may be necessary to interpret and determine the scope of easements.