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I have lived in my home for over 5 years and have a private road (easement) that I share with other neighbors. One neighbor who does not use the road has decided to block our access because part of the easement is on his property. Can he do this legally? Take part of an existing easement away from all of us neighbors who use that road ?
Since there is an easement, your neighbor is in violation of the easement by blocking your access. You and your fellow neighbors who use the road should speak with him and let him know that an easement was granted. Ifhe is unwilling to unblock the road, it would be best to contact an attorney who could provide you with your legal options.
I second Kent's advice. Have an attorney check the legal description on your deed and mortgage. If there is an easement that includes part of your neigbors property, then your neighbor is breaking the law by denying access.
If there is a problem with the recorded easement and legal description, you probably purchased Owner's Title Insurance when you bought your house. Check the title policy and see if it covers this type of problem (it probably does). The insurance will cover the cost to resolve the problem.
Thanks guys for your input on this matter! I have talked to him about unblocking the road, he will not listen. I could move the blockage and feel I have a right to, but perhaps I should just sit still until I speak to an attorney.
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