Q: Can an appurtenant easement be temporarily blocked to repair, restore, and reenable the owner's easement management?
An easement holder stole the lock from the servient's locked gate because she could not make multiple copies of the lock's key to distribute to her friends and illegal tenants. The theft of the special lockset pin disabled the gate. The servient had replaced the first lock with one with uncopiable keys because she made multiple key copies. She stole it. Servient blocked the easement with his truck to restore the use of the gate. She returned the lockset in exchange for no theft charges being made, but afterwards filed a nuisance lawsuit. Surreally, I, the servient, am preparing an appeal for the Law Court of Maine right now. A justice said that every gate is a nuisance, and no easement blocking is allowable, yet highway crews do it all the time so there are exceptions to unfettered access.
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