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:
- State: New York
Answer:
It's a difficult position to be in. Your only real option if your neighbors won't respect your rights is to go to court and get an injunction against your neighbors further violation of the easement. Assuming you were awarded such an injunction, you could photograph any further violation and bring the evidence to court. Your neighbors would be found in contempt of court for violating the injunction and subject to fines, penalties, even jail. That would get their attention to be sure. But you would need to retain a lawyer to do this. You are looking at minimum $1000 for starters. It is uncertain whether you could win attorney fees if you get the injunction because they are not typically awarded in the United States. Call a local attorney and discuss the case ASAP. But tell him/her you want to discuss cost, because this is a big 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.
