• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Implied easement or common driveway?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

MsKAT

Junior Member
What is the name of your state? California

My parents own rental property that shares a common driveway with property owned by someone else. The driveway is barely wide enough for one vehicle for the most part but widens near the shared garage to the width of 2 vehicles. There are parking spaces at the rear of each property which are on each side of the driveway near the garage. My parents have owned their property since the 1970s and the other property owners probably purchased around 1990. They are now stating they have a right to park in front of the garage which causes my parent's tenants to be blocked into their parking spaces. The driveway does not show up on the tract map as an easement so is this considered a common area or an implied easement? Does the neighbor have the right to use it to park his vehicle if it blocks access to my parents' tenant's parking spaces? The property was split into 2 parcels in the '50s with a house and duplex on side and one duplex on the other.

Thanks in advance for any responses.What is the name of your state?
 


seniorjudge

Senior Member
MsKAT said:
What is the name of your state? California

My parents own rental property that shares a common driveway with property owned by someone else. The driveway is barely wide enough for one vehicle for the most part but widens near the shared garage to the width of 2 vehicles. There are parking spaces at the rear of each property which are on each side of the driveway near the garage. My parents have owned their property since the 1970s and the other property owners probably purchased around 1990. They are now stating they have a right to park in front of the garage which causes my parent's tenants to be blocked into their parking spaces. The driveway does not show up on the tract map as an easement so is this considered a common area or an implied easement? Does the neighbor have the right to use it to park his vehicle if it blocks access to my parents' tenant's parking spaces? The property was split into 2 parcels in the '50s with a house and duplex on side and one duplex on the other.

Thanks in advance for any responses.What is the name of your state?
Q: Does the neighbor have the right to use it to park his vehicle if it blocks access to my parents' tenant's parking spaces?

A: No; this is called overburdening the easement.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top