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  1. #1
    Join Date
    Apr 2013
    Posts
    28

    Default Effect of an Injunction on the Use of an Easement

    My question involves an easement in the state of:PA
    I have a injunction hearing filed by Mr. X wanting the use of my driveway the hearing isn't until the end of May. by filing a injunction can he just start using the road before a judge hears the case. Or is he trespassing by driving on it. This stems from a old problem when he thought my driveway was his ROW he now knows its not hence the filing of injunction to use my driveway to get to his cabin until his new road is built. Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Effect of an Injunction on the Use of an Easement

    He either has an injunction or he does not. If he has an injunction against you, then you have been ordered not to do whatever it is that the court enjoined you from doing -- most likely, interfering with his use of the easement. If he doesn't have an injunction, you should appear and defend in the legal action to try to prevent him from gaining an injunction. You should get help from a real estate lawyer.

  3. #3
    Join Date
    Apr 2013
    Posts
    28

    Default Re: Effect of an Injunction on the Use of an Easement

    he doesn't have a injunction just showed up and used

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