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  #1  
Old 12-31-2000, 12:10 PM
Steve101
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Because of the parking crunch, my neighbor has now parked in the alley blocking this end.
The police and township zoning officer both asked him to move his vehicle,
They say they can only ask, because the alley is privately owned
He refused to move it saying he has the deed to the alley.

There are other entrances at the far end of the alley.
I later found my deed
This is what my deed says about the alley

"Together with the free and uninterrupted use, liberty and privilege of the passage in and along the above named 20 feet wide alleys and all the 50 feet wide streets as marked on the said plan of town lots, with free ingress, regress and egress to and from the same, for the said parties of the second part, their heirs and assigns, at all times and seasons forever, in common with all other purchasers, their heirs and assigns, of lots adjacent to said alleys and streets as marked on said plan on town lots"

I do expect more trouble with this kind of thing.
Do you think I need a lawyer?
What kind of lawyer would be best for this kind of thing (Real Estate Lawyer)?
What could be done in court or otherwise to deter anyone from blocking (parking) in the alley.
My location is in Pa.
Any advice would be most appreciated.
  #2  
Old 12-31-2000, 01:15 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Hire a real estate attprney to enforce your rights to ingrees/egress of the alley. You can get a court order to restrain his use in such manner and even tow his vehicle away.
  #3  
Old 01-02-2001, 02:35 AM
dc138
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I have a similiar situation where the easement granted to our property clearly stated that 'no parking' and the easement (drive way) must be kept open for the joint use all the times. We always have problems on this easement driveway. This time, a guest of the neighbor parked his car on the easement (12' wide). We asked him to move the car away but he refused. After so many 'F' words and arguments from him and other guests to us, he finally drove home (after 1 hour). The owners did not come out from the house to talk to us.

We tried to call Police but the police said it occured in a private driveway so they should not get involved.

How can we get a court order to enforce the use of an easement? We already had lawyers last time 2 years ago and exchanged the same copy of the easement document. What can we do if there is a car parking on the easement and we need to get our cars out?

Thanks.
I live in Hawaii.
  #4  
Old 01-02-2001, 11:11 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally posted by dc138
I have a similiar situation where the easement granted to our property clearly stated that 'no parking' and the easement (drive way) must be kept open for the joint use all the times. We always have problems on this easement driveway. This time, a guest of the neighbor parked his car on the easement (12' wide). We asked him to move the car away but he refused. After so many 'F' words and arguments from him and other guests to us, he finally drove home (after 1 hour). The owners did not come out from the house to talk to us.

We tried to call Police but the police said it occured in a private driveway so they should not get involved.

How can we get a court order to enforce the use of an easement? We already had lawyers last time 2 years ago and exchanged the same copy of the easement document. What can we do if there is a car parking on the easement and we need to get our cars out?

Thanks.
I live in Hawaii.
Contact a towing company and sign a contract with them. Then put up a sign(s) stating No Parking Tow Away Zone. The sign must state the name of the towing company and their physical address etc. Then if cars park in the easement area, have it towed away. Hawaii law allows you to do this.

You should have filed a police report for harassment etc.

[Edited by HomeGuru on 01-02-2001 at 11:14 AM]
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