Can I get an injunction to prevent my neighbor from interfering with my property access? – North Carolina

Short Answer

Yes. In North Carolina, you can ask the Superior Court for a temporary restraining order (TRO) and a preliminary injunction to stop a neighbor from blocking a driveway easement. To get one, you must show a strong case on your easement rights, that blockage will cause harm that money cannot fix, and that an order is needed to preserve access while the case is decided. Courts may require a bond and will set a prompt hearing.

Understanding the Problem

You want to know whether, in North Carolina, you can quickly get a court order to stop a neighbor from placing vehicles and trash in a shared driveway that serves your home under a driveway easement. The practical issue is preventing interference now so your access continues while the court resolves the dispute. Your property straddles a county line, which affects where you can file.

Apply the Law

North Carolina courts can issue injunctions to prevent substantial interference with an easement. A temporary restraining order (TRO) can issue quickly to maintain the status quo, followed by a preliminary-injunction hearing. The court looks at whether you are likely to win on your easement claim, whether you face irreparable harm without an order, and whether an injunction is needed to preserve access. You file in Superior Court, and the court may require you to post a bond. A TRO is short-lived and leads to a prompt hearing on a preliminary injunction.

Key Requirements

• Valid easement right: You have a recorded or otherwise enforceable driveway easement benefiting your property.
• Substantial interference: The neighbor’s conduct would block or unreasonably burden your ability to use the easement for access.
• Irreparable harm: Loss of access to your home isn’t fully fixable with money, so immediate court action is warranted.
• Status quo/equities: An order is necessary to keep access open while the case proceeds and fairness favors preserving access.
• Procedural proof and bond: A verified complaint or affidavits support your motion; the court may require a security bond before relief takes effect.

What the Statutes Say

• N.C. R. Civ. P. 65 (Injunctions and TROs) – Sets requirements for TROs/preliminary injunctions, notice, bond, and prompt hearings.
• N.C. Gen. Stat. § 1-76 (Venue for real property actions) – File where the property, or some part of it, is located.
• N.C. Gen. Stat. § 1-116 (Lis pendens) – Record notice of the lawsuit affecting real property to protect your claim.

Analysis

Apply the Rule to the Facts: You state you own a home with a driveway easement and the neighbor plans to block the shared drive with vehicles and trash. That shows a likely valid easement and imminent substantial interference. Because access to a residence is unique, loss of use is hard to fix with money, supporting irreparable harm. A TRO and preliminary injunction would preserve the status quo—keeping the driveway open—while the court resolves the underlying easement issues.

Process & Timing

1. Who files: The property owner benefiting from the easement. Where: Superior Court in either county where any part of the driveway/easement lies. What: Verified complaint (seeking declaratory and injunctive relief), motion for temporary restraining order and preliminary injunction, supporting affidavits/photos/survey, proposed orders, and Civil Summons (AOC-CV-100). When: File as soon as interference is imminent; a TRO may be heard the same day or very quickly.
2. Provide notice to the neighbor for the preliminary injunction. If a TRO is sought without notice, include a verified complaint or affidavit showing immediate and irreparable harm and why notice cannot wait. Expect the court to set a preliminary-injunction hearing within days; a TRO typically lasts up to 10 days, and the court will schedule the hearing promptly.
3. After the hearing, the judge issues a written order granting or denying a preliminary injunction. If granted, record a notice of lis pendens with the Register of Deeds in each county where the driveway/easement is located. The case then proceeds toward a final judgment or settlement.

Exceptions & Pitfalls

• If the easement is unrecorded or its scope is unclear, be ready to show how and why your use is reasonable and established.
• Orders must be specific; ask the court to identify exactly what blocking or dumping is prohibited and where.
• Submit a verified complaint or affidavits; insufficient proof, poor service, or delay can sink early relief.
• Courts often require a bond; have funds ready in the amount the judge sets.
• Record a lis pendens in each county where the easement lies to protect your claim against third parties.

Talk to a Real Estate Attorney

If you’re dealing with a neighbor blocking a driveway easement, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.