What can I do if my easement access is blocked?

Full question:

I am the last house on an easement. I own the easement. I am constantly being blocked in by guests worker etc. I have repeatedly asks the home owners not to do so with no satisfaction. What are my options? My ability to have unrestricted access and egress. Deliveries to my home are also some times interrupted.

Category: Real Property
Subcategory: Easements
Date: 04/07/2025
State: New York

Answer:

It's a challenging situation. If your neighbors continue to block your easement despite your requests, your main option is to seek a court injunction to prevent further violations. If granted, you could document any future blockages with photographs and present this evidence in court. Neighbors who violate the injunction could face contempt of court charges, which may lead to fines or other penalties. However, you will need to hire a lawyer for this process, which may start at around $1,000. It's important to discuss costs with the attorney upfront, as this is a significant concern for you.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who is responsible if someone gets hurt on an easement?

Generally, the property owner of the easement is responsible for maintaining the area and ensuring it is safe. If someone is injured due to negligence, the owner may be liable for damages. However, liability can depend on the specific circumstances, such as whether the injured person was authorized to be on the easement. It's advisable to consult a lawyer to understand your specific situation.

Which of the following actions can terminate an easement?

An easement can be terminated through several actions, including mutual agreement between parties, abandonment, or if the dominant estate (the property benefiting from the easement) is merged with the servient estate (the property burdened by the easement). Additionally, if the purpose of the easement is fulfilled or becomes illegal, it may also be terminated.

Can a property owner block an easement?

No, a property owner cannot block an easement that is legally established. Doing so can lead to legal consequences, including lawsuits for obstruction. The easement holder has the right to access their property without interference. If blockages persist, the easement holder may need to seek legal remedies, such as an injunction.

What does it mean to be burdened by an easement?

Being burdened by an easement means that your property is subject to the rights of another party to use a portion of it for a specific purpose, such as access or utility lines. This can limit how you use your property and may require you to allow others to enter or cross your land. Understanding your rights and obligations is important in such situations.

What is the misuse of an easement?

Misuse of an easement occurs when the easement holder uses the easement in a way that exceeds the rights granted or for purposes not intended by the original agreement. For example, using a residential easement for commercial activities could be considered misuse. Such actions may lead to disputes and potential legal action from the property owner.

What is considered abuse of an easement?

Abuse of an easement refers to actions that interfere with the rights of the property owner or exceed the scope of the easement's intended use. This could include excessive use, causing damage, or using the easement for unrelated purposes. If abuse is suspected, the property owner may have grounds to take legal action to protect their rights.