Legal Question in Real Estate Law in Arkansas

Blocking of Joint Driveway by Neighbor

A neighbor can block a right of way especially if it denies you access to your house.I suggestthat you inform him to stop immediately untilyou have an attorney check it out. I suggestyou seek the advice of an attorney, but it would be better if you could resolve this amicable with your neighbor. He has a rightto fence in property as long as it does noteffect your joint right of way.

DRIVEWAY/RIGHT OF WAY - obstruction

Generally, when there is a right of way for driveway purposes, all neighbors who share the driveway must respect it and not obstruct it. When someone does obstruct such a driveway, the other neighboring owners who have the right to use the driveway should object. This objection may take the form of a letter sent certified mail, return receipt requested (to give evidence of its receipt) as well as via ordinary mail (since the certified mail may be refused) to the person obstructing the driveway. Unfortunately, this may not solve the problem. The next step would be to consult a local real estate attorney to investigate the costs and utility of suing to enforce the right of way. The attorney would need to see the document - recorded deed, easement or right of way agreement - to analyze what rights and obligations it created. It is also useful to prepare a factual chronology of events, detailing the use of the driveway since its creation, when the obstruction occurred and how and by whom, the reactions of other owners entitled to the right of way to the obstruction, and the responses, if any, by the person obstructing. You may also wish to include photographs showing the driveway and its obstruction.