Easements · Las Vegas, Nevada

    What Can I Do If My Neighbor Is Blocking My Easement in Nevada?

    By , Nevada attorney and real estate broker · · 5 min read

    The short answer

    If a neighbor blocks a valid easement, you can ask a Nevada court for an injunction ordering removal of the obstruction and for damages caused by the interference. The servient owner may use the easement area but cannot unreasonably interfere with your rights, which typically rules out locked gates, fences, structures, parked vehicles, or landscaping that block access. Start by confirming the easement's location and scope in the recorded document or plat, document the obstruction with photos and dates, and send a written demand. If the neighbor refuses, a complaint for declaratory relief and injunction in Clark County District Court can resolve it, and courts can issue a preliminary injunction when access is urgently needed. Self-help, such as tearing down a fence, risks liability and is usually a mistake.

    Confirm what the easement allows

    Read the recorded grant or plat. Its stated purpose, width, and location control. A pedestrian easement does not authorize vehicles, and a utility easement does not create a driveway. Courts interpret ambiguous easements by looking at the parties' intent and historical use.

    What counts as unreasonable interference

    Examples Nevada courts have treated as interference:

    • Locked gates without providing a key
    • Fences, walls, or buildings across the easement
    • Narrowing the usable width below what the grant provides
    • Regularly parking vehicles in the path
    • Relocating the easement without consent

    Steps to take

    A practical sequence:

    • Gather the recorded easement, plat, and a survey
    • Photograph and date the obstruction
    • Send a written demand with a deadline
    • Consider mediation, especially in HOA communities
    • File for declaratory relief and an injunction if needed

    Remedies

    Courts can declare the easement's scope, order removal of obstructions, award damages for lost use or added costs, and in some cases award attorney fees if the easement agreement provides for them.

    Avoid self-help

    Removing a neighbor's fence or gate yourself can expose you to claims for trespass or property damage and can escalate a dispute. Let a court order the removal.

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    This article is general information about Nevada law, not legal advice for your situation, and reading it does not create an attorney-client relationship. For advice about your matter, call (702) 471-0112.

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