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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33159
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I have a 20 access easement across my neighbors property.

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I have a 20' access easement across my neighbors property. It is the only way to access my home. Can I file trespass charges on him for partially blocking the easement?( He has placed obstructions that restrict it down to 10'. )
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
I am sorry to hear that your neighbor is being very "un-neighborly"....

Can I file trespass charges on him for partially blocking the easement?
Unfortunately, no. Since he owns the underlying land, he can't be trespassing on it. An easement is just a right to use the property of another. It doesn't mean that the holder owns the land.
What you would do is file a lawsuit for "ejectment" to get an order from a judge telling him to remove any obstructions on the easement. While he still owns the underlying land, you have a right to use the entire area covered by the easement without any type of obstruction that interferes with your use. Even if you arent' using it now, you still have that right and he can't block it or restrict it with anything placed on it.
But since this is not a complicated case, you should be able to file it in small claims court and dont' need an attorney. Small claims court can handle trespass cases, and this is similar to a trespass case..
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