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.
Can I legally move someone else’s trailer that is blocking my easement on a shared driveway?
Probably, yes, but you should do it carefully and with appropriate documentation (usually photos or video).
As a general rule, an easement owner must be given reasonable access to their easement. Blocking an easement is much like trespassing, and in most jurisdictions you are legally entitled to use “self help” (i.e., moving things) to remedy a trespass.
However, the personal property that is trespassing (here, the trailer) is still that person’s property, and you are obligated to take reasonable care of that property and are responsible for any damage. So I would recommend trying to get the owner to move it first, but if you must move it yourself, you want to have proof ready in case there’s a damage claim down the line.
