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I have a situation where an afjoining property owner is

Customer Question
Hello, I have a...

Hello, I have a situation where an afjoining property owner is trying to close an easement dedicated for roadway purposes which was plotted over 40 years previous in the original plot of the sup division. By closing the easement which he claims to own 25 feet thereof, he is effectivily closing the road and access to other property which I, myself and also property which is owned by other owners

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Not as of yet. The person claims to have been granted a quite title by some judge in Pawnee Country, Ok . that gives him the right to close this road. In a previous injunction by a Judge Sellers in Pawnee county, he was instructed to remove all barriers blocking this road, which he has now put back in place

Lawyer's Assistant: Where is the property located?

Property is located in Pawnee County, Oklahoma

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
3/31/2018
Real Estate Lawyer: Loren, Lawyer replied 5 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,857
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

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Real Estate Lawyer: Loren, Lawyer replied 5 months ago

If you have a recorded easement then the owner of the property is breaching the easement by blocking access and you can send a written cease and desist.

If they refuse to allow access then you will need to sue for breaching the easement.

If the owner is refusing to comply with court order they can be held in contempt. The court can award you money damages, court costs and attorney fees, as well.

While you can pursue this pro se, it is strongly recommended you retain an attorney to represent you. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

I am happy to continue if you have further questions.

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Customer reply replied 5 months ago
Thank you for your advise. I was very sure that I was in the right here and I will consult a local attorney to see breach of easement in the local jurisdiction.
Very good advise
Jack L. Moore*****
Real Estate Lawyer: Loren, Lawyer replied 5 months ago

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

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