How To Stop Your Neighbor From Restricting Access To Your Property

18 January 2023
 Categories: Law, Blog

When you own a piece of property, you have the right to use it however you want within the bounds of the law. To use your own property, however, you will need access to it. Depending on the ownership of the property surrounding your home, you may need access to someone else's property to get to it. However, you have the right to access your property through easement laws and should simply be able to construct a path that allows you to travel to and from your property.

An Example of a Common Easement Legal Issue

You own a house that is not connected to any major roads. You speak with your neighbor and ask if you can construct a driveway that cuts through your neighbor's property. However, they decline your request. Under these circumstances, you should immediately get in contact with land use law services as an easement holder.

How Easements Work

An easement holder is an individual who has the right to use someone else's property to access your own property. You are not allowed to occupy the land and it will still belong to the property owner. The owner of the property has the right to exclude anyone else from using the property other than you as an easement holder.

How to Obtain an Easement

To obtain an easement, you will need to fill out the paperwork that is required in your state. This typically requires a signature and a notary seal. This means that a notary will need to witness the signing of the paperwork to verify that the paperwork has not been forged. Then, the easement will need to be registered at the county clerk's office.

In most cases, the easement is created by the owner of the easement. This means that you will need to speak with a land use lawyer about the specific process you will need to undergo to create the easement. However, a court may also choose to create an easement.

Why You Need an Easement

The advantage of having an easement is that it is considered a form of trespassing if the property owner restricts your right to use the property as long as the use of the property is reasonable. However, you will need to prove that the property owner has prevented you from using your property. An attorney will help you gather the evidence to prove your case so you can then be compensated. 

For more information about real estate and land use law, contact a local attorney.