Second Opinion] I have a neighbour blocking my legal easement, No, just getting estimates from lawyers but I am upset

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Customer: Second Opinion] I have a neighbour blocking my legal easement JA: What steps have you taken so far? Have you prepared or filed any paperwork? Customer: No, just getting estimates from lawyers but I am upset that I have to pay legal fees to just drive down my own driveway JA: Where is the property located? Customer: malahat bc JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you. Customer: no
Answered by ALLawyer in 1 hour 1 year ago
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Jessica

Jessica

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ALLawyer, Expert

Hi, my name is***** am a lawyer in Ontario and will be assisting you with your question today. Please be advised that I am answering from my cellphone, and if I do not respond immediately, I kindly ask for your patience.

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ALLawyer, Expert

Before we begin, please note that this discussion is for providing general information only. It is not detailed or necessarily specific legal advice, and is only for the purpose of helping you understand the nature of your situation from a legal standpoint and to discuss options. You should engage a lawyer/paralegal in your local jurisdiction if you wish to take any legal action going forward.

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ALLawyer, Expert

IMPORTANT: Please also be advised that I may be working or doing personal tasks while answering questions on JustAnswer, and as such I may not respond immediately. Your understanding is appreciated.

Customer
hi there
Customer
Did you read my question?
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ALLawyer, Expert

Hi there - how is your neighbour blocking your easement?

Customer
with large boulders in 2 different locations
Customer
Here is picture of one set
Customer
can you see images?
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ALLawyer, Expert

I can see the image

Customer
there is the second set
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ALLawyer, Expert

so basically you can't use the road because of the rocks

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ALLawyer, Expert

boulders*

Customer
she is not Canadian and I think she feels she can take the law into her own hands.
Customer
correct
Customer
she has made it clear she does not want this easement.
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ALLawyer, Expert

Unfortunately, if she is not agreeable to move them, you're very likely to have to contact a lawyer - if you have the registration papers showing that you have an easement, it should be simple.

If they still will not move the boulders, you'll probably need an application to the court, the court can order the removal of the encroachment.  In doing so, they can also award you legal costs.

Customer
The lawyer does ? writes a letter?
Customer
I do not understand why I have to pay legal fees to drive on my own property. How is that possible?
There is no grey area here.
Customer
What would I do if I had no way other way to get off my property? It just so happens I do, but how does that make it OK for me to wait?
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ALLawyer, Expert

The lawyer can write a letter, or take the other individual to court

Customer
Do you mean skip the initial letter and just go to court with the fees/damages/time:loss of use covered in the process?
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ALLawyer, Expert

I mean, that's an option

Customer
Do you know how long that process might take approximately?
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ALLawyer, Expert

It all depends, if you can make an argument on urgency, you might get an interim order for them to move it (maybe a month or two the court might hear your motion ) pending the outcome of the case.  It all depends on whether there is an urgency that the court will want to hear it.

Customer
What if I had a lawyer's letter asking her to remove the boulders and then if she didn't I just blocked her way in/out with my car until she did? That would bring the police hopefully.
Customer
seems fair rocks- car
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ALLawyer, Expert

the police won't do anything

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ALLawyer, Expert

the police will not order her to move the boulders - only a court will do that.  You're just wasting your time with the police.

Customer
could the police order me to move my car off my own property?
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ALLawyer, Expert

which part is your property?

Customer
the easement and the land underneath it, because the severance included that sliver of land to the main road
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ALLawyer, Expert

while I don't know what the registration says, the easement does not belong to you.  It is normally a right to use land

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ALLawyer, Expert

honestly, your best bet, contact a lawyer, get started on the application if you don't think a letter will work, and start the process.

Customer
this one is a little different in that the severance would not have been allowed if our lot did not touch the road, so a sliver of it does.
Customer
either way, it is a legal easement. The owner in question can traverse our lot as well. It is a reciprocal allowance.
Customer
thank you. I think that is good advice.
Customer
My experience tells me that a letter would not be strong enough.
Customer
I will need compensation to cover costs
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ALLawyer, Expert

then most definitely don't waste time with the police, they won't do anything for you.

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ALLawyer, Expert

Speak with a lawyer in BC, and see what they can do in the fastest means possible

Customer
Hi
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ALLawyer, Expert

This question will now be marked as complete. I hope I was able to assist you tonight.

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ALLawyer, Expert

Thank you for using JustAnswer.  Have a great evening.

Customer
good
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ALLawyer, Expert

Good nite! :)

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