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Disputes & neighbors

Can a neighbor block my easement?

No. Interfering with a recorded easement is generally illegal. The easement holder can sue to remove the obstruction and recover damages.

A recorded easement gives the holder a legal right to use the burdened property for a specific purpose. The burdened owner cannot block, fence, or build in a way that prevents that use.

If a neighbor blocks your easement, document the obstruction and review the recorded easement document. The first step is usually a demand letter. If that fails, you can file a lawsuit for easement interference or declaratory judgment.

The burdened owner may be liable for damages and attorney fees in some states. However, the easement holder must stay within the scope of the easement; overuse can create a counterclaim.

What to look for

  • The recorded easement document defining the scope of the right.
  • Photos and dates of the obstruction.
  • Written demands and neighbor responses.
  • State law on easement interference and remedies.

General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.

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