California | Real Estate Law
Legal Question
Encroachment on private street
We live on a private street; there are about 15 homes on the street. The street is comprised of a series of easements across one lot, then the next, up to the top. The easement is actually rather wide, but homeowners have gradually encroached on the easeements over the years. Many homeowners have planted trees or other landscaping, as well as some hardscaping (planters, entry monuments, etc.) In some spots, the street has gotten so narrow that it is almost impossible to drive up the street if a car is parked on one side or the other. Is there anything that can be done, short of suing neighbors who are encroaching on the right of way? Unfortunately, the owners on our street have trouble coming to a consensus on anything. We can't even come to agreement over the maintenance of our street, thus, the asphalt is in terrible condition; I've lived here for nine years and the street has never even been resurfaced. I can guarantee that most of the neighbors would not willingly remove the improvements they have done in the right of way.
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