What should I do if my neighbor is blocking my property access?

I handle contested matters involving easements and access across Montana. After reviewing the facts, I give you an assessment of whether someone is interfering with your rights and what steps are necessary to protect your interests.

How is a prescriptive easement established in Montana?

Prescriptive easements can be established by adverse use over a period of years, subject to specific rules that Montana recognizes. I evaluate claims based on long-term, historical use and advise you on whether your situation meets the legal requirements.

What happens if my property is landlocked with no legal access?

As a landowner you may discover that you cannot access your property because no private or public road access was ever created or recorded, or because a neighbor has blocked you. I evaluate your options and pursue the best legal path to seek necessary access.

Can my neighbor lock a gate on a private road I use to access my property?

Gate and locked gate disputes on private roads are among the most common easement conflicts I handle in Montana. The answer depends on the specific language in recorded documents and the history of how the road has been used. I investigate the facts and advise you on your legal rights.

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REAL ESTATE & LAND DISPUTES | EASEMENTS

Montana easement attorney for property access disputes

Easement and access disputes are among the most common, and heated, disputes that I see as an experienced easement attorney. My work begins when something has gone wrong — a neighbor blocking access, a disputed right-of-way, or a landlocked parcel with no clear legal path in. I investigate the facts, examine recorded documents and deed language, and give you a realistic assessment of your position.

In Montana, many parcels of private property are situated away from public roads — to reach them, you must cross land that belongs to someone else. That is how many easement disputes arise. If you have a serious dispute, I can help.

As a landowner, you have the right to access your property — and the right to enjoy it without interference from others. When those rights are challenged, that is where my work begins.

Real estate litigation I handle

My civil practice emphasizes real estate litigation. With more than twenty years litigating property disputes in Montana state and federal court, I know how courts approach these disputes — and how to protect what’s yours.

Real property disputes that I handle include easements, roads (private and public), boundary disputes, quiet title, and restrictive covenants.

If you have a serious easement or access dispute, call me today. I can give you realistic seasoned advice about your situation, the strengths and weaknesses of your case, and how you may resolve your dispute with negotiation, alternative dispute resolution, or litigation.

Montana easement disputes: why they happen and what to do

Easement disputes are among the most common property conflicts in Montana. In this video, I explain why they arise so frequently — and why acting early gives you the best chance of protecting your access rights.

Common easement and access issues in Montana

Easements

As an owner of real property, you may find yourself faced with questions such as

● Do you have the right to use an existing road to reach your property?
● Can your neighbor lock the gate on the boundary between your properties?
● Must your neighbor give you a key to a locked gate?

As the owner of real property, you may also have questions such as

● Does your neighbor have the right to use a road across your property to reach his or her property?
● Can you lock your gate? Do you have to give your neighbor a key to the gate?
● Does your neighbor have an easement across your property?
● Can you insist that your neighbor use a different route across your property?
● What uses can your neighbor make of a road across your property?

Get legal help from an experienced Montana easement attorney.

Private and public roads

As the owner of real property, you and your neighbors use private or public roads to reach your properties.

Private roads can be created in several ways, including grants of easements, easements by reservation, prescriptive easements, and implied easements.

Disputes I handle concerning private roads include

● Whether someone has a valid right to use a private road
● The specific uses that may be made of a private road
● Whether someone is unreasonably interfering with use of a private road
● Whether use of a private road unreasonably interferes with the underlying private property
● Improvements to a private road
● Maintenance or repair of a private road
● Gates on a private road
● Locked gates on a private road
● Blocking or terminating private roads

Public roads can also be created in several ways, including private or statutory dedications and public use of a road that results in a public right of way.

Disputes I handle concerning public roads include

● Whether a public road has been validly created
● Whether gates or locked gates can be installed on a public road; Improvements to a public road
● Unreasonable interference with or encroachment upon a public road
● Blocking or terminating a public road

If you have serious concerns about a private or public road, then please contact me today.

Prescriptive easements

Prescriptive easements can be established by adverse use over a period of years, subject to specific rules that Montana recognizes. Prescriptive easement issues I handle include

● Do I have a prescriptive easement?
● How do I oppose a claimed prescriptive easement?
● What specific uses can I make of a prescriptive easement?
● Can my neighbor change his or her use of a prescriptive easement?
● Can I put gates across a prescriptive easement?
● Can I lock gates on a prescriptive easement?
● Who is responsible for maintenance or repairs of a prescriptive easement?
● Is my neighbor unreasonably interfering with my use of a prescriptive easement?
● Is my neighbor’s use of a prescriptive easement unreasonably interfering with my use of my land?
● What improvements can I make to a prescriptive easement?
● Can I block or terminate a prescriptive easement?

If you have a serious prescriptive easement issue, contact me today. As a Montana easement attorney, I understand these complex property rights.

Implied easements and easements by reservation

Implied easements and easements by reservation are particular easements that Montana courts recognize in certain situations. These easements are created differently from granted easements and prescriptive easements.

If you have a serious implied easement or easement by reservation issue, then please contact me today.

Neighbor easement disputes

We generally want to be good neighbors, but sometimes good intentions are not enough when it comes to easements and our neighbors. Neighbor easement disputes I see include

● A neighbor’s unreasonable use of a private or public road
● A neighbor’s unauthorized use of a private road
● A neighbor’s unreasonable interference with a private or public road
● A neighbor refusing to contribute to maintenance or repair of a private road
● A neighbor putting up gates or locked gates on a private or public road
● A neighbor blocking use of a private or public road

If you have a serious neighbor easement issue, then please contact me today.

Landlocked property

No legal access to your property?

As a landowner you may discover that you cannot access your property. This can happen because no private or public road access to your property was ever created or recorded. This can also happen because a neighbor has blocked you from your property or has threatened that you do not have access.

If your property is effectively landlocked, contact me today. As a Montana easement attorney, I can help you pursue legal access to your land.

Why experience matters when choosing a Montana easement attorney

If you have a serious dispute, I will investigate your case thoroughly — examining deeds, surveys, and recorded documents to build a clear picture of your position.
I will advise you candidly about the strengths and weaknesses of your case and how a court is likely to approach your situation.
Drawing on more than twenty years of litigation experience in Montana state and federal court, I will give you realistic, seasoned advice.
If a negotiated resolution is in your best interests, I will work to accomplish a settlement that protects your rights.
If court is necessary, I will represent you with skill and determination.

Protect your property rights. Call me today.