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Property Easements: I own a house in the state of WV, my carport is being blocked by a parking lot from a private owner.

Charleston, WV |

I use my carport accessing it from the city alley and never really gave much thought to it. One weekend the owner of the property to the rear of me and on one side of me paved his entire lot and created a parking lot. He paved the concrete all the way up within 4 inches of the foundation of my carport. Within two days later he had placed parking stones up against the beginning of my carport in which prevented me access to get my vehicle out of my carport. I have traced the deeds to the property down and found that my lot is entitled to access to a 10 foot alley that runs
along the west side of the property (My carport). I have confronted the owner and requested that 2 of the parking stones be moved & was told to pound sand. Dont have tons of money and no idea how to fix this city wonthelp

Attorney Answers 3


  1. You'll need to get an attorney to take steps to enforce your easement. City has no power here; courts do.

    To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.


  2. The reason the City won't help you is because this is a private matter concerning a private easement. You will need an attorney to file an injunction and enforce your rights to the easement.


  3. The other attorneys here are correct. You basically have a property boundary dispute and if the facts are correct as you have stated here, then you should have a legal claim against the neighboring property owner for which a court can grant you a remedy. After filing a legal claim, the court may require you to go to mediation to work out a deal. More than likely, you need to hire a real estate property attorney licensed in your state to protect your rights.

    I am licensed to practice law in the State of Florida only. My answers on Avvo.com are intended only to provide the most basic answers possible to questions posed and are not intended to provide legal advice in any way. Never depend solely on my answers or only on information provided on Avvo.com. Proper legal advice can only be given through in depth consultation with a licensed attorney. When seeking legal advice, always seek advice from an attorney licensed to practice law in your state. Every case is different and my answers here are not intended to serve as legal advice. By answering your question, I hope to provide you, the questioner, with a starting point for examining your legal issue. WARNING: Questions and answers posted on Avvo.com are viewable to the public and NOT protected by attorney client privilege.

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