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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have a legal easement to my driveway to be used as a private

Customer Question

I have a legal easement to my driveway to be used as a private drive. I have a neighbor who uses my drive with 2 vehicles and one is a truck. He has been asked twice not to use my drive. He is still using it. How can I stop him from using it without legal action. The easement is registered at courthouse. What do I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
Is he using a commercial truck or a private truck? Also, short of taking legal action you really cannot stop him. That because with an easement he has a right to utilize it for his use as far as the scope for the easement is concerned, and you cannot lawfully interfere (you cannot block the road, put down spikes, a concrete barrier, or a gate). It is up to the judge to evaluate the language of the easement and to see whether or not the neighbor is in violation. It is more likely that he may be violating if the truck is commercial, but if the easement does not list the type of travel or use the neighbor can utilize, if this is a private truck, it is still not a violation. Hence, I would urge you to get a copy of the easement and read it carefully to see what is and what is not covered. And if he is in violation, send him a written cease and desist letter with a copy of the easement to show what he is violating. But if he still blows you off, you'd have no choice but to go to the court because you cannot lawfully block off the road or interfere with his use.
Sincerely,
Dimitry, Esq.