How do you solve an easement problem?
How do you solve an easement problem?
Resolving an Easement Dispute with Your Neighbor
- Send a demand letter on attorney letterhead to your neighbor informing them of your easement ownership and right to use the driveway.
- Negotiate with the neighbor with the threat of legal action as leverage.
- File a lawsuit seeking an injunctive order to enforce the easement.
What do you do if someone blocks your right of way?
If your right of way is blocked, you can use a reasonable alternative path, as long as you don’t enter onto the land of a 3rd party. If you believe you are entitled to use a right of way which has been obstructed, you can take legal action against your neighbour provided the interference is substantial.
What does a right of way entitle you to?
What is Right-of-Way? A right-of-way allows another individual to travel through your property. This benefits another person or another parcel of land you do not own. This grants access to anyone who may need to travel through your land.
What is an easement dispute?
A common neighborly dispute is a dispute over an easement. An easement is a legal right that allows a person to use someone else’s land for a specific purpose. Most easements “run with the property” meaning they persist after a property is sold. Easement disputes most commonly occur after the sale of a property.
Is it a criminal Offence to block a right of way?
It is illegal to obstruct the road. If somebody unlawfully assumes ownership of areas of a road, they are breaking the law. If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a road, they are also guilty of an offence.
What is the difference between an easement and a right of way?
Easements are nonpossessory interests in real property. More simply, an easement is the right to use another’s property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another’s property.
Can I resurface a right of way?
Rights of way are generally negative in character. If there is a right of way over your land you must not block or otherwise obstruct it but generally you are not obliged to take positive steps to keep the surface in good repair. The neighbour who has the right of way can repair the surface but does not have to.
Do neighbours have right of carriageway?
We own a battleaxe block and neighbour’s have right of carriageway. However, as we were in Sydney awaiting to move to the seaside, the 2 neighbours have built retaining walls and also a staircase that protrudes in range from 550mm to 1550mm onto the carriageway.
Are there any disputes between neighbours over right of way?
Access or right of way disputes are a common occurrence between neighbours, but the rules and laws surrounding rights of way can be complicated to understand. Take a look at our guide to learn more about your rights and how best to settle any neighbour disputes over right of way.
What is a right of way laneway?
This ROW is a laneway which terminates at the boundary of our property. Our adjoining neighbors own 2 portions of the land but do not have vehicle access to their properties off the right of carriageway. They constantly block our access with cars and trucks.
Is this right of carriageway registered on your title?
This right of carriageway is registered on our title dating back to 1904. We have a copy of the document which reads as follows:
