Legal Question in Real Estate Law in California
ingress & egress easement
Shared driveway easement. My lot is at the top of a cul de sac which encompasses 28' of easement directly to the rear of my 3 stall driveway and in front of the owners yard but not in front their driveway (area necessary to complete the swing from my garage down the easement driveway). My garage sits in the back of the cul de sac and theirs closer to the road. We have a non-exclusive easement for ingress, egress, driveway and related purposes. I do not block the ingress/egress of the owner of the easment however, they block my access should they park in this 28' area. They have asked me not to park vehicles on this easement citing the ownership of the property. Since I am not ''unreasonably impedeing or imparing their use'' of the easement for egress/ingress to their driveway should they be allowed to request I not park there.
3 Answers from Attorneys
Re: ingress & egress easement
Probably, because your easement rights are for ingress and egress, etc., and parking, especially for long periods of time (such as overnight), is arguably inconsistent with those express purposes. One cannot be certain how this would come out if litigated, but I think the neighbor has the stronger case.
Re: ingress & egress easement
They can "request" anything they want. The real question is whether or not they can obtain a court order precluding you from parking there.
The scope of the easement is the determinative issue. A court is going to look at the easement document for guidance. The face of the document should control. If there is any ambiguity on the document, the court can then consider other factors, such as the parties' intent.
If the easement is truly for ingress/egress, then your neighbors have a decent argument that no parking is allowed.
Your argument will be (at a minimum) that your parking of the vehicle is appropriate because it does not interfere with the use of the easement.
Are you parking on your property or the neighbors? If it's not your property, then you most likely cannot park your vehicle there.
Call or email if you need assistance. We have attorneys that litigate these types of cases.
Re: ingress & egress easement
It depends on what, specifically, the easement states and, perhaps its history.
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