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

Asked 5 months ago - 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. Thomas J Callahan

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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... more
  2. James J. Martines

    Pro

    Contributor Level 5

    3

    Lawyers agree

    Answered . 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. Byron David Flagg

    Contributor Level 11

    Answered . 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... more

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