Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My neighbor has a legal right of way on our land, but he blocked his right of way to build a house extension, and he moved the right of way himself. He damaged our new deck twice, left a lot of mess after building work, and he damaged our gate. We found on our deeds his right of way is in the middle his house extension. He started harrassing us, and after 2 years the police arrested him, but the harassing is still continuing. Can we go to the court?
Yes, you probably have a legal remedy here. First of all, most
rights of way are for a specific physical location. That means the owner of the right of way (your neighbor) can’t unilaterally move the road in the first place. To the extent he has a road or is crossing
your property outside of his right of way, that’s trespassing.
Second, your neighbor damaged your property in the process of his work, which he would be responsible for as well.
If he’s still harassing you even after being arrested, it’s possible that suing him will not make things any better, but perhaps you can at least get your property damage paid for.
