Several property owners had a dispute concerning the validity and enforcement of three easements. Two of the property owners misused the easements by initiating loud confrontations with neighbors about them, by intimidating neighbors from accessing their property within the easement areas, by destroying objects of private property, by forcing neighbors to incur debt due to unpaid public utilities, and by bringing noise and traffic onto neighbors' private property. A judge in the ensuing litigation ruled that those two property owners unlawfully deprived their neighbors of "peace, privacy, security, and the quiet use and enjoyment of their homes" and thereby caused them to suffer economic damages and emotional distress. This decision was affirmed on appeal.
Disputes with owners regarding property use and access can escalate quickly and lead to lawsuits. Timely guidance from an experienced attorney can help ensure that an association achieves its objectives and avoids liability when it becomes involved in such disputes.
