My property has a recorded 10' easement on the neighbor's property for "Access and Utility". He put a fence 5' into the easement reducing the access by 5'. Publicly recorded Subdivision Plat and his Deed both show the easement. He has been informed but has not agreed to move the fence
If what you say is true, then your neighbor has violated your rights.
Typically when you have a servient estate (the neighbor) interfering with the easement held by the dominant estate (your property), you bring an action for trespass, declaratory relief and an injunction.
You can attempt "self-help" by removing the fence that's in the middle of your easement, but generally the law disfavors people taking the law into their own hands, and there could be unanticipated consequences such as criminal charges.
Click on "Find a Lawyer" above and locate an attorney that handles real estate litigation. Assuming what you wrote is true, you're the one in the right.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
You are going to have to talk to an attorney about this and be ready to explain what exactly the easement is about. If it is an easement for the public utilities, it is their problem not yours. If it is an easement given to you or the prior land owner certain access then it will be important to discuss with your attorney what was the original purpose of the easement and whether or not it can still be used for that purpose. The information you have posted is simply not enough to work from and you really should not try to get legal advice for something like an easement issue on a public forum like Avvo. These tend to be problems that are very fact specific and will require a one on one consultation with an attorney to figure out what your options are.
The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.
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