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.
I surveyed my land and I have a 20 feet easement. My neighbor has a 20 feet easement too but he never got it surveyed. He thinks it’s 10 feet. He got some round posts and set them at 10 feet and told me that I don’t have a 20 feet easement anymore, that it’s 10 feet. What can I do to remove them? I can’t pass my 18 wheelers anymore because of the posts.
If your neighbor is physically blocking your easement, you may need to resort to a lawsuit to get things resolved. Without a court order, it would be risky (not necessarily illegal) to remove the posts yourself. If you want to consider that sort of “self-help,” before you do so, I strongly suggest you a) consult with a local attorney to be sure that your state’s law allows that remedy, and b) carefully document (photographs or video) the condition of the property, what you’re doing to move it, and what damage you did or didn’t do to the posts. You still might get sued, but at least you’ll have evidence to help in your defense.
