Legal Question in Real Estate Law in California

I own real property in a former "unincorporated island" which is being absorbed into the city of La Habra, Orange County, California.

The road to the tract is a private road, maintained by our homeowners' association.

The city has a no-overnight-parking on the street ordinance. I have a large "cutout" with room to park about 6 cars in front of my place, which is paved in asphalt same as the private road. While I also have a driveway, access is very awkward, and I really want to use the cutout as I have for the 16 years I've lived here so far.

I'm concerned that the city will take the position that this parking cutout is part of the street and that I'll be prohibited from using it going forward.

The private road consists of an easement across a portion of the lot; the cutout is not an easement.

Any thoughts on preserving my parking cutout?



Asked on 11/28/18, 7:33 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

The first question is whether the city is going to take or accept a dedication of the private road. Generally parking ordinances only apply to public roads. Private roads do not automatically become public when a parcel is incorporated into a city. So I suggest you start with the city planning department and/or whatever city department handles roads, traffic and parking, and find out if they think the ordinance will even apply to your private road. My guess is they’ll say it won’t.

If they say it will, then you will need to work with those departments on what you need to do to get your parking pad designated as off-street parking.

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Answered on 11/28/18, 7:59 am

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