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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37845
Experience:  16 years real estate, Realtor. Landlord 26 years
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Barrister, where would i look to see rules on what is

Customer Question

Hello Barrister, where would i look to see rules on what is considered obstruction. You answered a question for me yesterday and I called around and spoke to a attorney however the cost is too expensive for me, I would like to look up the laws and possibly attempt to draft a cease letter for neighbors, but I want to make sure that it doesn't backfire because I park in the driveway.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello again,
Honestly, I can't point out an exact law because this is just something that you learn in law school as an underlying fundamental principle of property law...if you cross over a neighbor's property line without permission it is a trespass to property and could result in civil and even criminal action.. And if you block an easement, that is a violation of the easement holder's rights to ingress and egress..
But it is up to the judge to determine as the finder of fact whether the actions of the neighbor constitute interference with your rights to ingress and egress using the driveway. So there is no statute that says " if X happens, then this is interference with the use of an easement". It is the facts of the case that determine whether an interference is occurring.
You would state your position that it is creating an interference and set out that this was maliciously and hostilly done by the neighbor with the intent to disturb and harass you, much like a "spite fence". The neighbor would respond by claiming that the cacti were entirely on her property and she planted them there because.......
It would then be up to a judge to decide whether this was an unlawful interference with your use and access rights.
But the truth of the matter is that it isn't so much what would be said in the letter that is important, it is the fact that it would be coming from an attorney which shows that you have a hungry sue-crazy attorney chomping at the bit to sue her and drag her into court. A letter from you personally isn't likely going to have much effect to scare her..