Parking in Joint Access Easement

[JMS_PDX]

What is the name of your state? Oregon


Hello all. I am not sure where to start.. but here it goes.
4 years ago, I've purchased a home. The shared driveway connects three houses.
I am struggling with Home A parking one of their vehicle into [CAR A] position.
The driveway branches out similar to below diagram

I could not diagram it correctly so I will post a link of the diagram
http://picasaweb.google.com/jongmin.so/BashaParking/photo?authkey=2BIhH_NcffI#5137428626702311938

As shown in the pictures, Home A keeps parking one of their many vehicles on the joint access easement driveway close to their home which leaves me very very tight space to squeeze out and makes it even difficult at night and rainy night.

So I pulled out 'Declaration of Joint Access Agreement' which I received when I purchased the property, it states

..."No permanent structures shall be erected or maintained in and none of the parties shall obstruct free passage through the joint access easement. None of the parties shall use the joint access easement for the storage of vehicles, boats, or any other property"...

I've asked in person not to park as it is very difficult to squeeze out through with a minivan we recently purchased. Yet, they keep parking. I've written a memo and stuck it in front of the windshield so they could read it. And yet, they do not seem to care much.


Having said that, I am about to take some legal action but do I have a case? Any pointer?
I've called the city and since it's private property, they have no jurisdiction in this case.
Thank you in advance,

JM from Portland

 

[HomeGuru]

What is the name of your state? Oregon


Hello all. I am not sure where to start.. but here it goes.
4 years ago, I've purchased a home. The shared driveway connects three houses.
I am struggling with Home A parking one of their vehicle into [CAR A] position.
The driveway branches out similar to below diagram

I could not diagram it correctly so I will post a link of the diagram
http://picasaweb.google.com/jongmin.so/BashaParking/photo?authkey=2BIhH_NcffI#5137428626702311938

As shown in the pictures, Home A keeps parking one of their many vehicles on the joint access easement driveway close to their home which leaves me very very tight space to squeeze out and makes it even difficult at night and rainy night.

So I pulled out 'Declaration of Joint Access Agreement' which I received when I purchased the property, it states

..."No permanent structures shall be erected or maintained in and none of the parties shall obstruct free passage through the joint access easement. None of the parties shall use the joint access easement for the storage of vehicles, boats, or any other property"...

I've asked in person not to park as it is very difficult to squeeze out through with a minivan we recently purchased. Yet, they keep parking. I've written a memo and stuck it in front of the windshield so they could read it. And yet, they do not seem to care much.


Having said that, I am about to take some legal action but do I have a case? Any pointer?
I've called the city and since it's private property, they have no jurisdiction in this case.
Thank you in advance,

JM from Portland

**A: it appears you may have a case since the intent of the easement is ingress/egress and the parked vehicle restricts such access.

 

[Ozark_Sophist]

Take some pictures. Talk to an area attorney. The first step is to get the attorney to send a letter to Home A with a copy of the restrictions directing them to stop parking in the easement. Keep a journal with dates and times of your actions, when the neighbor parks there, etc.