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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9035
Experience:  Since 1983
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We have a private cemetery in Maine that dates back to early

Customer Question

Hi Pearl! We have a private cemetery in Maine that dates back to early 1800. In 1982, addition land was given by an abutting property owner in order to expand cemetery. The deed for this transaction included a permanent appurtenant easement for an access road to cemetery (used for cemetary maintanence vehicles, vehicles required for burials (body transportation, digging of graves, etc.). The cemetary has foot traffic access on the road. The servient estate owner owns only approximately 25 square feet of property on the road end of driveway that is impacted by easement; he has just recently cut down the cemetary chain across the end of access (there for forty years plus to discourage people parking in access road at night - was not locked) and physically blocked access of his small triangle of land at head of access road. Although a small vehicle can still access the road, the trucks and vehicles needed for maintanence cannot. I'm hoping to get an idea of possible legal recourse. Thank you!
JA: What state is this in? And how old is the truck?
Customer: Are you still there?
JA: No. I'm the Real Estate Lawyer's Assistant.
Customer: Ok, I'm confused. Am I getting your responses to Someone else's questions?
JA: Have you talked to a lawyer yet?
Customer: Pearl, did you receive my question?
JA: Anything else you think the lawyer should know?
Customer: Ok, thinking you are not a legit person
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 2 months ago.

I am sorry to hear this.

Have you complained to the neighbor?

Have you complained to the police?

Customer: replied 2 months ago.
It has strained relations with the neighbor to the point of difficulty communicating in a productive manner. I talked with police and was told it's a civil matter
Expert:  N Cal Attorney replied 2 months ago.

The police could have told the neighbor that it is illegkl to block an easement but maybe they are too busy with something else.

You can get a free consultation from some of the real estate attorneys listed by location here.

You might want to have a local attorney warn the neighbor in writing that blocking your deeded easement can result in liability for punitive damages, see

Please follow up on this with a local attorney.

I hope this information is helpful.