What recourse is there for destruction to private property that is accessed by a neighbor via an inegress/egress easement?
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What recourse is there for destruction to private property that is accessed by a neighbor via an inegress/egress easement?
Neighbor’s back yard is situated perpendicular to my end-unit townhome. Neighbor has been going through my property to get to his back yard. This area is not fenced in but my private property extends 7 feet from my outside wall to the location of this adjacent townhome. There is an ingress/egress easement in HOA covenants. Neighbor has destroyed planting, grass and slate sidewalk on my private property that he has been using as his inegress/egress to his backyard for construction work on the home. What recourse do I have to block or restrict
access and/or obtain damages to private property?
Asked on June 16, 2016 under Real Estate Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Even when there is an easement, your neighbor has no right to damage or destroy your property, and is liable for any damage done by himself or his agents (such as his contractors). If he will not voluntarily compensate you for the damage, you could sue him (and you should sue the contractor, too, if he has caused any of the damage) for the cost to repair.
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