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I own a house on a street that deadens in a creek. the house…

Customer Question
I own a house...

I own a house on a street that deadens in a creek. the house next to me, on the water, thinks they own the street. My deed clearly states I have ingress and egress rights to that creek, with a 30' width (the width of the street). My neighbor in now parking in the ingress/egress road. I also, like everyone on the street, own across the road, fifteen feet beyond the edge. How best to handle this? I think it is devaluing my property (deeded rights to a creek) for them to start parking there. what do you think?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Sorry. north carolina.

Lawyer's Assistant: Has any paperwork been filed?

My deed, like the other 5 houses on this street are filed. everyone's deed says the same thing "ingress and egress to the aforementioned creek". My house is number five in the row of 6, with 6 being on the creek, and the one parking in the road.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The neighbor's house is for sale. The parker is the daughter of the elderly woman who owns the house. The parker just moved in s6 months ago. for 60 years, no one has parked in the street blocking the road to the creek.

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 1 minute by:
9/15/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 11 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,712
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Real Estate Lawyer: Law Educator, Esq., Lawyer replied 11 months ago

The first step is to place the neighbor on notice in writing (a letter) telling them that you have an easement pursuant to your deed and they are obstructing and interfering with your easement rights. Tell them if they do not cease and desist interfering with the easement rights and remove their vehicle, you would pursue legal action.

If the neighbors refuse, your remaining option is you can sue them for interfering with your easement rights and you can seek money damages as well as a court injunction to order them to cease interfering with your easement rights.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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