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We have lived in our home years and have had an easement…

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We have lived in our...
We have lived in our home for 28 years and have had an easement which we hsave papers that state about the easment but was never recorded now our neighbor wants to take back his part of the road. Can he put a fence down the middle if he does we have no way to get to our house. They have lived there for about 15 years.
Submitted: 2 years ago.Category: Real Estate Law
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2/12/2016
Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago
Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2,777
Experience: Knowledgable and Experienced Attorney
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Hello, and welcome. I am a licensed attorney and happy to assist.

I'm sorry to hear of the trouble you're having with your neighbor, but happy to say that you do have recourse.

Regardless of how long either you or the neighbor has lived there, and irrespective of whether or not the easement was recorded, the neighbor cannot, under any circumstances, block your way in and out of the property. To be clear, he can do absolutely nothing, including putting a fence on his own property, if it prevents reasonable access to your home. If the neighbor tries to do this, you can take him to court and the judge will acknowledge both the unrecorded easement and an easement implied by law due to the necessity. In other words, there's no way the neighbor can put up that fence blocking property access and get away with it in the face of opposition. The law is 100% in your favor on this.

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Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago

I hope this helps. If you need additional information or clarification, please let me know and I will continue providing assistance. If I have addressed your concerns or pointed you in a positive direction, please remember to leave a positive rating when prompted, as that is how attorneys on this site are credited for the help we provide.

Good luck!

Best,

Attorney 1

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Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago

Is there anything else I can do for you tonight? I'm here to help.

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Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago

Just checking in to find out how your situation is progressing. Please let me know if there's anything else I can do for you. I'm here to help.

Best,

Attorney 1

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