I’ve hired an attorney for an easement issue. Wondering if anyone has any insight… we purchased our home in Wisconsin and it has an easement on our driveway. There were no issues until the new neighbor moved in under a year ago and is now causing problems. I’m trying not to spend an arm and a leg on attorney fees, but I feel it’s our only option since we are landlocked without it. If anyone is familiar in this area of practice, I would love to have a conversation.

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Is the easement recorded in title? Who is the benifitted party and the burden party of the easement. Easements (as any other real property theory) are matters of state law. If the easement is recorded, it is difficult to terminate it. If one of the parties if impeding the other to use its rights, I believe an injunction can be obtained. Even if the easement is not recorded, there is still can be an easement by prescription (if the driveway has been used for such purposes for a set period of time), or an easement by estoppel or necessity since the property is landlocked.

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Thank you!

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