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Our easement is only 8 foot across and is a driveway dead…

Customer Question
Our easement is only...

Our easement is only 8 foot across and is a driveway dead end , we use it as load and unload, the neighbor has 3 foot next to our easement and parks there which gives us no access to drive to load unload. They say they are on their property and that they allow to park there.

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

I gave them a copy of the plat. I told them that I will put a No Parking load -unload sign up

Lawyer's Assistant: Where is the property located?

Warm Springs GA

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

Are they allowed to park there

Submitted: 27 days ago.Category: Real Estate Law
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Answered in 36 minutes by:
5/28/2018
Real Estate Lawyer: Barrister, Lawyer replied 26 days ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,150
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

.

Are you saying that they are parking on the land that the easement covers?

.

.

thanks

Barrister

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Customer reply replied 26 days ago
Part of it. I could get around with a small car but no emergency vehicles or delivery truck could get by
Real Estate Lawyer: Barrister, Lawyer replied 26 days ago

Ok, then they are violating your property rights if they are doing anything to interfere with your usage rights over that entire area. They can't do anything to block that land and if they do, you can sue them for breach of contract for violating your rights to use that entire 8ft wide area. A judge would then issue an order for the neighbor to stay off that land or be hit with additional sanctions.

.

You might want to have a local lawyer send a cease and desist letter to them instead of jumping right to suing as that may resolve this..

.

.

thanks

Barrister

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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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