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.