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easement issue

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jlram21

Junior Member
What is the name of your state (only U.S. law)? CA

New neighbor parks car on the easement and there is an engress/ingress agreement. Explained and showed him the engress and ingress agreement and he still parks his car on it. What do I do next?
 
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jlram21

Junior Member
I ride a motorcycle and neighbor says I can drive in with no problem. I told him that an emergency vehicle can't drive in, is that a valid point? How do I enforce that, still can have his car towed away?
 

Some Random Guy

Senior Member
I ride a motorcycle and neighbor says I can drive in with no problem.
Oh, you mean that HE owns he property and YOU have an easement for YOUR ingress/egress.

No, you cannot just go towing his car then. If he blocks your ingress/egress, then your recourse is to file a civil suit. This will likely cost far more than it is worth.
 

drewguy

Member
I ride a motorcycle and neighbor says I can drive in with no problem. I told him that an emergency vehicle can't drive in, is that a valid point? How do I enforce that, still can have his car towed away?
Tell him you have a motorcycle because his parking prevents you from using a car.

Yes, you can have him towed. What about guests? What if you got a car? Tell him it's not acceptable for him to prevent your use and enjoyment of the easement.

Also, is the part of the easement he parks on your property or his? If it's your property then you can tell him he's not using the easement properly (i.e., he's on your property without right). If it's his property then only if he's interfering with your use/enjoyment of easement.

BTW depending on your local laws you may have to call the police first to ticket him for illegal parking.
 

jlram21

Junior Member
We share driveway, 10 ft ingress and egress. He parks car on his side and doesn't follow the agreement. Would a cop come out to write a citation, i need to show cop the agreement?
 

jlram21

Junior Member
anyone on the last question? would a cop issue a citation and do I need to show the cop the agreement?
 

drewguy

Member
anyone on the last question? would a cop issue a citation and do I need to show the cop the agreement?
1) Maybe, it depends on local laws. Call the cops and see what they say.
2) Probably, although I doubt he'll understand the words of an easement.
 

drewguy

Member
I find it far more likely that the officer will say it is a civil matter and leave.

DC
I agree. I mentioned it because at least in Washington DC you can't get a car towed from private property unless it has been ticketed. DC is wacky, but I'll bet other places have similar rules, and I'm suggesting the OP check with the police first, to protect himself. If they say it's a civil matter then he's good to go.

Of course I'm not sure that getting the guy towed is the best course for a neighbor you'll continue to have to deal with. What does it accomplish? He gets towed, goes and pays the $200 of whatever, and may well park in the same place again, or worse.
 

154NH773

Senior Member
Since no one else has answered your question about small claims court, I'll give you my opinion. This is not a legal opinion, only one from experience.
It is unlikely that the small claims court has jurisdiction to decide an easement question, if it requires an interpretation of the easement language.
You would probably have to file in a higher court, and expect to spend big bucks and take years of time.
Many Bar Associations provide for inexpensive consultations with their lawyers to discuss the ramifications of litigation, and the costs involved. Talk to a lawyer with expertise in land use, easements or real estate.
 
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