How Can I Prevent My Neighbor From Blocking My Easement? – Dear Esq.

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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.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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