My neighbor blocks our shared driveway in New York. How do I enforce my easement?

What the Law Says

Under New York law, an easement is a nonpossessory right to use another’s land for a specific purpose—such as access via a shared driveway—and is enforceable if properly created by express grant (e.g., recorded deed provision), implication, necessity, or prescription. NY Real Property Law § 330 recognizes easements appurtenant (attached to the land) as binding on successors in interest, meaning they run with the land and survive ownership changes. Courts interpret easements narrowly based on their language and historical use; obstruction that unreasonably interferes with the easement’s intended purpose—like blocking vehicular access—constitutes a trespass and actionable interference. Importantly, New York does not recognize 'adverse possession' claims against easements themselves, but continued obstruction may support a claim for permanent injunction or compensatory damages under common law principles established in cases like DiGiacomo v. City of New York, 147 A.D.3d 952 (2d Dept. 2017).

Practical Steps

Begin by confirming your easement’s existence and scope: obtain your deed, title report, and any recorded easement agreement from the county clerk’s office (typically in the County Clerk’s Office where the property is located); retain a licensed surveyor if boundaries or rights are unclear. Next, document the obstruction thoroughly—take dated photos/videos, note dates/times of blockages, and keep a log. Send a certified, return-receipt demand letter citing the easement language and requesting immediate cessation of interference; this preserves evidence of notice and may prompt voluntary compliance. If unresolved within 10–14 days, consult a New York real estate attorney to file a verified complaint in Supreme Court seeking a preliminary and permanent injunction under CPLR Article 63, plus costs and damages. Avoid self-help (e.g., moving barriers yourself), as it risks liability for trespass or conversion under NY Penal Law § 140.05 and may undermine your equitable position.

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