What is the name of your state (only U.S. law)? PA
Our neighbor is currently blocking access to the common driveway that gives us access to our garage behind our home. He stated that the common driveway is not on his deed and it is his property and he refuses to grant us access to it. We have lived here for 7 years and were "friends". We used the driveway periodically to park cars, supplies, and unload groceries, but sometimes we had to ask him to move his vehicle. We had hoped he would concede access permanently since we did not want to park there, just access our garage. We cannot access our garage from the other side of our home. When we recently purchased a convertible, we wanted to use our garage regularly and asked him to move his car. He did so, and next day it was blocked again. When he then had a truck deliver stone and permanently parked his van there and therefore, blocked access to driveway we had our attorney send him a letter with a copy of our deed showing proof of common driveway and please stop blocking our access, he ignored it. There is no formal easement documentation just that it is stated from the original deed in 1940 stating a common driveway as part of the description of lot. Our attorney said that at this point we need to file an injunction prohibiting him from blocking our driveway, but it will cost $$. Is there any other way to have our rights defended w/out lots of $$ involved? Is he responsible for fees if an injunction is imposed? Could we file an injunction ourselves or is would be foolish to do so? Unfortunately our funds are limited, I'm a volunteer and my husband's a seasonal construction worker and this was not in our budget
The neighbor tried to take us to a local justice to settle and was told they didn't have jurisdiction (this info was included in our attorney's letter to them), but my husband still had to take off work to attend. Help???
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