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Can a neighbor block easement that has been granted for more than 20 years?

Leander, TX |

Neighbor has been harassing us since mid-June. Multiple police reports & JP Peace Bond in place. His latest move is to land lock us & three other neighbors. A tiny section of the dirt road we all use is his property. The easement existed long before either of us lived there. He intends to build a fence across the road, blocking our easement.

Attorney Answers 3

Posted

Without knowing all of the specifics of your situation, I will simply say that easements can be created any number of ways and the holders of easements generally have enforceable rights. I suggest you speak with a real estate attorney who may be able to get the issue resolved once and for all. If there are several of you who are having the same problem, perhaps all of you could work together with the same attorney.

Best of luck.

Nothing in this is answer should be construed as legal advice. Neither the answer, nor its particular contents, is intended to create an attorney-client relationship between the person asking the question and Andrew R. Stubblefield or Coats | Rose, PC. The person asking the question should contact a licensed attorney in their area and solicit actual legal advice based upon the particular facts and circumstances underlying their issue.

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2 lawyers agree

Posted

If you have a filed easement that grants you a right of way across the neighbor's property, you may seek a court injunction against the neighbor interfering with your rights. If you don't have an easement, you may have a claim for an easement by prescription.

You will have to take all of your documents and proofs to a local real estate attorney to evaluate.

I am not a TX attorney, laws vary from state to state, therefore you should always consult a local attorney.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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Posted

If you can prove that you have used the easement for 20 years, then you have a very good case against him for wrongfully blocking your access. You need a real estate attorney to establish and preserve your rights.

I am not your attorney and the advice given may be dependent on facts and circumstances that are unique to your situation. I am providing this free advice as a public service, and not specifically to be acted upon. If you would like advice specific to your case, please contact me.

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