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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55325
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I have a land that is landlocked by my neighbor, but there

Customer Question

I have a land that is landlocked by my neighbor, but there is an easement that in my deed and on my neighbors deed as well, what can I do to gain access to my land? And is it legal for him to lock my land?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Hi Martha. My name is ***** ***** I look forward to helping you.

When you have an easement over the neighbor's property, you have an absolute right to access your property by using this easement and the neighbor's blocking this easement is depriving you of a vested property right. If they are not willing to voluntarily stop blocking your access, you will need to file suit against them to force the issue. In that suit you will want to ask the judge to award you both damages for the past deprivation of the full use of your easement rights and an injunction prohibiting further interference with your 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.

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