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

Asked about 1 year ago - 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)

  1. Andrew Ryan Stubblefield

    Contributor Level 10

    2

    Lawyers agree

    Answered . 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,... more
  2. Micah Brett Harper

    Pro

    Contributor Level 9

    Answered . 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... more
  3. Michael T Millar

    Pro

    Contributor Level 19

    Answered . 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... more

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