What to do if my neighbor is blocking access to the driveway?

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What to do if my neighbor is blocking access to the driveway?

In my deed it states that there is a easement right-of-way to my property. I bought my place 3 years ago but we didn’t have any problem until around 6 moths ago when my neighbor’s boyfriend moved in with her. Now he has my driveway blocked so I can’t get into my house. If I needed emergency services, they couldn’t even get to me. I have several police reports because of the matter. However, I feel like I can’t get anything done through the police. Could you give me advice on how to get

this matter handled?

Asked on May 23, 2019 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If he is blocking an easement you have, he is violating the law. You can bring a legal action against him to get a court order requiring him to stop doing this, on pain or under threat (if he violates the order) of being sanctioned (e.g. fined). This type of legal action can be complex for a nonlawyer and must be brought in the right court--you probably do need an attorney to 1) review the deed and confirm exactly what your rights are (that the easement, etc. means what you think it means) and 2) to bring the action for you.


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