Dave Stevens
Member
What is the name of your state? CA
I own a two acre unimproved parcel of land in Ventura County, CA that includes a 300 ft road that 7 other neighbors have an easement on. The easement is a paved and is considered a "private" road. The easement as spelled out in the deeds of my neighbors is for ingress/egress and utilities. One of my neighbors parks two cars on the shoulder of the road daily. I really dont want him to do so anymore: his cars are junky and they devalue the neighborhood and the road is so narrow that anything on the sides of the road gives it an "alley" feel instead of a nice country road. He has a 75 ft driveway that is suitable for parking, if in a tandem fashion. He also has a good sized backyard suitable for parking, or even a garage or carport if he decided to build one. However, he has 10 junky cars parked in his backyard (no joke) that do not run and therefore he has no room to park in the backyard (most of the driveway is still available). I have written him a letter asking him to use his driveway to park one car but letting him park one other car along the road (trying to be nice to get him to comply). He has not responded to my request and still parks both cars on the road. I know I can hire a lawyer and get an injunction to get him off, but Im not sure what would happen in court. He has been parking there for several years, as the prior owner permitted him to do so. We have a sign on the road compliant with Sec 1008 of Cal. Civil Code that supposedly prevents him from getting a prescriptive right. What can I do short of starting a lawsuit?
I have considered lining the shoulder where he parks with landscaping boulders to prevent him from parking, at least until I can get him to cooperate (which means to limit his parking on the road to one car and to pave the parking spot - its now dirt and it causes a mess on the road). Could the boulders be construed as harassment? Would I force the burden of starting a lawsuit on him? He doesn't have much money - so I think its pretty unlikely that he would hire a lawyer for a parking spot that isnt necessary.
I own a two acre unimproved parcel of land in Ventura County, CA that includes a 300 ft road that 7 other neighbors have an easement on. The easement is a paved and is considered a "private" road. The easement as spelled out in the deeds of my neighbors is for ingress/egress and utilities. One of my neighbors parks two cars on the shoulder of the road daily. I really dont want him to do so anymore: his cars are junky and they devalue the neighborhood and the road is so narrow that anything on the sides of the road gives it an "alley" feel instead of a nice country road. He has a 75 ft driveway that is suitable for parking, if in a tandem fashion. He also has a good sized backyard suitable for parking, or even a garage or carport if he decided to build one. However, he has 10 junky cars parked in his backyard (no joke) that do not run and therefore he has no room to park in the backyard (most of the driveway is still available). I have written him a letter asking him to use his driveway to park one car but letting him park one other car along the road (trying to be nice to get him to comply). He has not responded to my request and still parks both cars on the road. I know I can hire a lawyer and get an injunction to get him off, but Im not sure what would happen in court. He has been parking there for several years, as the prior owner permitted him to do so. We have a sign on the road compliant with Sec 1008 of Cal. Civil Code that supposedly prevents him from getting a prescriptive right. What can I do short of starting a lawsuit?
I have considered lining the shoulder where he parks with landscaping boulders to prevent him from parking, at least until I can get him to cooperate (which means to limit his parking on the road to one car and to pave the parking spot - its now dirt and it causes a mess on the road). Could the boulders be construed as harassment? Would I force the burden of starting a lawsuit on him? He doesn't have much money - so I think its pretty unlikely that he would hire a lawyer for a parking spot that isnt necessary.