Is it a violation of any codes or laws if a community easement was in the agreement and has been removed? 3 Answers as of February 14, 2014

If a community easement existed at the beginning of our rental agreement and the adjacent tenet built a fence and locked it, blocking the easement from our use, is he in violation of any codes/laws? It prevents wheelchair access to our unit and makes moving large objects a burden because the only other access to our unit (and 3 other units besides the fence-building tenet's own unit) a flight of stairs.

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Law Offices of George H. Shers | George H. Shers
I am not aware of it violating any specific code section but it is a violation of land rights law. The other person is liable for blocking the easement; you should try to make a collective demand on the other person so that they are more afraid of the monetary damages they might have to pay.
Answer Applies to: California
Replied: 2/14/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Not a landlord tenant Q. Ask a real estate atty. Easements guarantee certain access.
Answer Applies to: New York
Replied: 2/14/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Sue the neighbor for violation of the easement. The sooner the better. The longer you allow the fence to remain, the more ability he has to say the neighbors abandoned the easement. Talk with a local real estate attorney about the issue.
Answer Applies to: Idaho
Replied: 2/14/2014
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