Vero Beach, FL asked in Real Estate Law for Florida

Q: Can the owner of a right of way easement be charged with trespassing if he is asked to leave & refuses?

My neighbor insists on interrupting me & talking to me, when I am maintaining my lot. We have had issues in the past & I have reason to suspect he has ill intent. Therefore, I do not wish to speak to him. I have already told him so & I have requested he submit his inquiries in writing. He has a right of way easement on my private road. The easement wording is as follows “TOGETHER WITH the right of ingress and egress over and across the following described property: (legal description of my property)”. Could you please tell me what my options are in this case? Do I have the right to ask him to leave my property? Can he be charged with trespassing if he refuses to leave & stays on the easement? What other rights or options do I have in this case? Please note my property is located in Indian River County Florida. Your feedback will be greatly appreciated. Thank you very much for your help.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No, not really. He has the right to be there and you can't require him to keep his mouth shut while he's there.

1 user found this answer helpful

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