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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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An ingress egress and utility easement exist between my property

Resolved Question:

An ingress egress and utility easement exist between my property and my neighbor's property. for the last 6 days my neighbor has had and still has a large truck parked in the easement denying me access to part of my property. In addition this truck has actually been parked with more of the truck sitting on property that is actually owned by me than what is owned by him. the easement is divided equally with half being on my property and half on his property. He has also dug a drainage ditch across the easement which adds to my difficult getting to part of my property.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The owner of a property that has an easement against it cannot block the other person's access. That means that he's not allowed to park on the easement (since it's for travel, not parking) and that he's not allowed to dig a drainage ditch in a manner that interferes with your access (he could put it next to the easement, but not on it). If you were to go to court, you would be able to get an order that he refrain from parking there, and requiring him to fill in the ditch, move it, or otherwise alter it to accommodate your easement. These cases can be complicated - it's not something that can be done in Small Claims, so it's often better to consult with a local attorney to see how much it would cost to bring the case. You may also want to see if the easement allows you to collect attorney's fees if there is a violation. You could also try visiting a local law library and looking at books related to easements to see if they have sample complaints that you could copy.

If you prefer not to go to court, the other option is to send a demand letter, via certified mail, with a copy of the easement attached, reminding him that you have a right to use the property, that he is illegally blocking your access, and that you will take him to court if he does not cease and desist immediately.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

Your answer was very clear, thank you very much. You will receive the highest rating available however I have one question. Other problems have occurred in the past when $32.00 dollars would have been almost impossible to come up with (let alone an attorney fee). Since I don't anticipate money being a problem for me any more all I want is a yes or no answer. If someone is in my previous financial situation does he (or she) just have to live with what ever his neighbor does to deny him his legal rights? Once again thanks for the information I received.

Expert:  Lucy, Esq. replied 1 year ago.
No. A person is allowed to represent himself in court.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 19898
Experience: JA Mentor
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