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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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