Can My Neighbor Block Use of My Easement By Parking His Vehicle?
Full Question:
Answer:
Whether the vehicle encroaches on your easement will depend on interpretation of the language in the instrument conveying the easement, in order to determine whether the shoulder is included or not. An encroachment is a physical intrusion (location) of a structure, part of a structure or land use into the area of the easement or right-of-way contrary to the agreement. Depending upon the type of encroachment, the holder of the easement or right-of-way may require that the structure be removed or land use be terminated at the landowner’s expense. The landowner of the servient estate cannot act in a way to interfere with the easement’s purpose or use.
It may be possible to encroach on an easement. This requires the prior written approval of the holder of the easement or right-of-way. The approval is usually by way of an encroachment or amending agreement.
For further discussion, please see:
http://caselaw.findlaw.com/il-court-of-appeals/1010782.html
http://landusenews.blogspot.com/2005/06/everything-you-always-wanted-to-know.html
