Prior Lake, MN asked in Criminal Law, Domestic Violence, Land Use & Zoning and Real Estate Law for Minnesota

Q: I am getting a restraining order against my neighbor, can that also stop him from using the easement on my property?

The neighbor yells threatens and swears at me often. He is upset that I did not plow his driveway this winter. ( yea he is a little not so normal ). I have had to call the cops. They want me to get a restraining order against him. If I do so can I also stop him from using an easement that runs through my property?

1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: In Minnesota, the court may grant a Petition for a Harassment Restraining Order on an ex parte, temporary basis (or might not). If it does, the Ex Parte HRO would need to be served on the Respondent. Then the Respondent would be subject to the Ex Parte HRO but would have the right to request a court hearing. If they fail to make the request, the Ex Parte HRO may remain in effect for a year or two. If the Respondent does request the court hearing, then the judge would determine whether an HRO is required by the law and the facts; and likely weigh the extent of the HRO against any competing considerations such as property rights under an easement. As an aside, mediation may be another, possibly better way to try to resolve a dispute with a neighbor.

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