Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!
No owner can take, nor cause to be taken, any action that would deprive others, or interfere with others' enjoyment of, their easement rights. If, after you have provided written notice to the offending owners of the easement rights being hindered and the owners do not open their gates so as to not deprive you of the other owners of their easement rights, you would want to file suit against these offending owners. Interference with such an easement is a legal form of trespass. In that suit you will want to ask the judge to award both damages for the past deprivation of the full use of easement rights and an injunction prohibiting further interference with these easement rights. If they then violate the injunction and court order, they will be in contempt of court and subject to civil and/or criminal sanctions. In my experience, the mere filing of the suit itself leads to a resolution of the matter without actually having to get to the hearing. It's amazing the chilling impact being served with a summons that one is being sued does to cause them to cease and desist in their offending behavior.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!