What can I do to stop my neighbor from blocking my access to the easement between our properties?

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What can I do to stop my neighbor from blocking my access to the easement between our properties?

My family has lived in unincorporated La Grange Highlands, IL for 16 years. In our backyard there is an easement between our property and our neighbors. My new neighbor who has been here about 1 year has made a point to stack a bunch of building materials in the easement area. He also made a point to display his

interpretation of the property line with poles and string. Anyway, I don’t care if he thinks his property reaches a couple feet farther into our backyard, I just want the grass in the easement mowed. I have kept this area neatly mowed and trimmed for 16 years. But since he marked a new barrier I stopped taking care of that strip of land because I figured he wanted to take care of it. However, he doesn’t mow that grass, he just lets the it grow and weeds take over the area. We get to look at it. So after a month and a half, I cut the grass before it was totally out of control. A couple days later, he built a line of rocks and cement blocks to block me from mowing the area. This area is needs to be taken care of but he wants to block me and let it go. What can I do?

Asked on June 22, 2019 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You would have to sue him: to bring a legal action for a "declaratory judgment" or court determination that, as per the documents (e.g. deeds) showing easement, that you have a right to access that land and a court order requiring him to allow you access. Only a legal action can enforce the easement.


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