Ingress/Egress Parking

What is the name of your state?
Virginia-

I need to know who enforces easement violations (i.e. pemanent parking on ingress/egress easement. I live in a cluster community where my property line runs out into this easement. My neighbor consistently parks his vehicles along the front of my property and on several occasions I have had to suffer harsh verbal and near physical confrontations with this neighbor when I have needed to access my property from the front when laying drainage, doing landscaping or even mowing my lawn. Over the past 3 years I have also had property damage and have had to replace damaged drainage. I have 2 property surveys showing my property line actually goes out into this asphalt easement where the neighbors cars are parked. They have told me that they own the property and they can park there and I know that is in contradiction to the definition of ingress/egress easement as told to me by my lawyer and a local magistrate. The magistrate said that she felt that there was clearly an easement violation because of the way my neighbor was using the easement, but could not issue a trespass warrant for him because that would essentially be denying him ingress/egress to his home. She seemed to be very helpful and showed my the code book in reference to ingress/egress easements and the only thing mentioned under 11.xx(?) was utility access. Before I enter into a very costly civil suit, is there any one who enforces such violations.

SistrK8 said:

What is the name of your state?
Virginia-

I need to know who enforces easement violations (i.e. pemanent parking on ingress/egress easement. I live in a cluster community where my property line runs out into this easement. My neighbor consistently parks his vehicles along the front of my property and on several occasions I have had to suffer harsh verbal and near physical confrontations with this neighbor when I have needed to access my property from the front when laying drainage, doing landscaping or even mowing my lawn. Over the past 3 years I have also had property damage and have had to replace damaged drainage. I have 2 property surveys showing my property line actually goes out into this asphalt easement where the neighbors cars are parked. They have told me that they own the property and they can park there and I know that is in contradiction to the definition of ingress/egress easement as told to me by my lawyer and a local magistrate. The magistrate said that she felt that there was clearly an easement violation because of the way my neighbor was using the easement, but could not issue a trespass warrant for him because that would essentially be denying him ingress/egress to his home. She seemed to be very helpful and showed my the code book in reference to ingress/egress easements and the only thing mentioned under 11.xx(?) was utility access. Before I enter into a very costly civil suit, is there any one who enforces such violations.

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**A: the private owner or the HOA of the subject property must enforce the easement.

Thank you. My HOA stinks! This is a shared ingress/egress privately owned and privately maintained and we all I hope could agree on repavement etc., but seeing how things are going, probably not. This is important enough to have this over once and for all. I'm getting too old to deal with all the confrontation and know that it will surely happen again. I know that the cost for the suit will be high especially the lawyer's fees. I've never had to think about an action of this type before so I don't really know what to expect. The magistrate said that it was truly an easement violation issue. I have 2 surveys from 2 different surveyors, the deed information( the land is not deeded to the neighbor). Lots and lots of pictures with dates and times of the parking issue, angles that show how my view is blocked from seeing the cars coming up the easement when I am pulling out of my driveway, my lawyer's letter to the neighbor asking them to cease and desist in parking on the easement and which also defined ingress/egress for them. That the continued parking on my drainage and landscaping constitutes trespassing and so forth... Not to mention the decrease in my property value due to the makeshift parking lot 30 feet from my front door. I have taken the time and expense to know pretty much that I am right, so could I handle this on my own in civil court with all that I have? If not, could I sue for minimal damage and whatever the lawyer fees would be if he decided to agree to that and continue with my case? I don't know of any other ways to resolve this and no one has been able to help in 3 years.

SistrK8 said:

Thank you. My HOA stinks! This is a shared ingress/egress privately owned and privately maintained and we all I hope could agree on repavement etc., but seeing how things are going, probably not. This is important enough to have this over once and for all. I'm getting too old to deal with all the confrontation and know that it will surely happen again. I know that the cost for the suit will be high especially the lawyer's fees. I've never had to think about an action of this type before so I don't really know what to expect. The magistrate said that it was truly an easement violation issue. I have 2 surveys from 2 different surveyors, the deed information( the land is not deeded to the neighbor). Lots and lots of pictures with dates and times of the parking issue, angles that show how my view is blocked from seeing the cars coming up the easement when I am pulling out of my driveway, my lawyer's letter to the neighbor asking them to cease and desist in parking on the easement and which also defined ingress/egress for them. That the continued parking on my drainage and landscaping constitutes trespassing and so forth... Not to mention the decrease in my property value due to the makeshift parking lot 30 feet from my front door. I have taken the time and expense to know pretty much that I am right, so could I handle this on my own in civil court with all that I have? If not, could I sue for minimal damage and whatever the lawyer fees would be if he decided to agree to that and continue with my case? I don't know of any other ways to resolve this and no one has been able to help in 3 years.

Click to expand...

**A: I would not advise you to proceed without an attorney. HOA, CC&R's and dealing with these types of real estate issues are rather complex.