|Copyright 2005-2007 All Rights Reserved Charles E. Marunde & FreeRealEstateLaw.com
|Neighbor Blocks Easement With Speed Bump
One day Clients discover a large concrete speed bump on the easement,
so large that it causes their small car to scrape badly, and their van
suffers $900 in damage. Neighbors continue to place large rocks on the
easement, apparently trying to stop the Clients from driving around the
Clients politely go through all the typical and communication attempts that
a reasonable or rational person would make, but of course, to no avail.
Clients see an attorney, and learn that they have the right to self-help.
They can remove the massive obstructions in the easement, i.e. the
concrete and the rocks. They do that.
Neighbors hire an attorney and make numerous threats and continue to
put large rocks in the road. Clients file a suit for an injunction. A
preliminary injunction is issued by a judge, who is disgusted with these
kinds of neighbor disputes and drops a few negative character attacks on
both parties without any discernment. While the injunction is in effect,
Neighbors pour paint in the puddles on the easement when no one is
around. Clients see Neighbors sneaking out on the easement in the dark
on several occasions.
All this goes on for many months with the court schedule and the
timelines required in the court rules for filing and service of various
motions. Both parties spend thousands on attorney's fees. Clients do
get their easement cleared permanently, but they don't get rid of their
By the way, the obnoxious behavior of the Neighbors is not as unusual as
some may think. This is common dysfunctional behavior in this kind of
litigation. Very common actually. For a little better look at this kind of
obnoxious behavior, see the Profile of the Dysfunctional Litigant.
This is a true story. Clients have one
neighbor with whom they share a common
driveway. Both have alternate driveways,
but the records show they both have this
For unexplainable reasons, neighbors are
very obnoxious, shouting vulgarity at Clients
as Clients drive up and down the easement,
even when small children are in the car.
Neighbors claim Clients have no right to use
the easement, and without warning, start to
put large rocks and other objects in the
easement. Strange but also annoying.
|Fighting with an obnoxious
neighbor can be like pulling a semi.
This is a common problem in Sequim and Port Angeles, Washington.