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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7344
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I own a home in a tract of homes which includes an easement

Customer Question

I own a home in a tract of homes which includes an easement to access the rear of my property. I have documentation from CC&R's that state that I have the right to use the easement (alley way) at any time day or night but the person whom claims he owns the easement, is denying me access. I am being harassed by the woman who's lives with him ( this woman is not listed on the property as an owner) any time I enter the alley to try and obtain access. I would like to know what can be done so that I am permitted access to the rear of property via that alley way?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

If the easement is across the neighbor's property and is in favor of your's, you may sue the other owner for an injunctionn to enforce it. He cannot deny you access merely by words however and you can continue to use it no matter what he or the woman says. If you do not enforce it legally, plus if you discontinue using it, the easement might be treated as abandoned someday. That might be what they are trying to accomplish. If you don't wish to physically assert your rights and engage in verbal spats, then filing suit may be your best approach. I wish you the best of luck and thanks for using JUST ANSWER.

Customer: replied 1 year ago.
how do I go about getting an injunction? Do I have to get a lawyer and file a legal suit? I don't have the funds to get into a lot of expense to be able to do something that I have a legal right to do. Can this be taken before a judge without a lawyer and if so, how do I go about doing that?
Expert:  Irwin Law replied 1 year ago.

It will usually require a lawyer to file the kind of suit you need, but if s/he starts with a strong enough 'cease and desist' letter to the offenders, that might solve the problem. Those people might not be able to afford litigation any more than you can. If you let them stop you just by being nasty people, you are in a difficult situation.

Expert:  Irwin Law replied 1 year ago.

I hope that this ANSWER is helpful and that you will now enter a positive rating so that I will be credited for assisting you. Thanks for using JUST ANSWER.