Confirming deeded easement driveway procedure

[pepbill]

What is the name of your state (only U.S. law)? California

Not another Easement thread I'm sure you all are about to say!

Background: Y shaped common easement driveway is on the deed 5 feet on both properties. About 5 years ago neighbor expanded their side of the driveway about 1-2 feet.

Situation: I bought a Chevy Bolt electric car and plan to park it on the top of my side of the "Y". The car is fully parked on my property and does not impede her ingress or egress. When entering and exiting, I do not drive on the expanded part of her driveway. My neighbor recently sent me emails demanding I don't drive on her side of the driveway and in her words I cannot "block your (my) driveway" when I charge my car at night.

Everything I've read says I have the deeded right to drive on the driveway and as long as I am not blocking egress or ingress and I'm parking on my property only she has nothing to say. Am I correct in my analysis?

 

[LdiJ]

What is the name of your state (only U.S. law)? California

Not another Easement thread I'm sure you all are about to say!

Background: Y shaped common easement driveway is on the deed 5 feet on both properties. About 5 years ago neighbor expanded their side of the driveway about 1-2 feet.

Situation: I bought a Chevy Bolt electric car and plan to park it on the top of my side of the "Y". The car is fully parked on my property and does not impede her ingress or egress. When entering and exiting, I do not drive on the expanded part of her driveway. My neighbor recently sent me emails demanding I don't drive on her side of the driveway and in her words I cannot "block your (my) driveway" when I charge my car at night.

Everything I've read says I have the deeded right to drive on the driveway and as long as I am not blocking egress or ingress and I'm parking on my property only she has nothing to say. Am I correct in my analysis?

If I understand you correctly the top side of the Y on your property is no space that she needs to use in any way whatsoever? She does not need to back into your side of the Y in order to pull out of the driveway on a forward basis? You do not use her side to back into to do the same? How long is your side of the Y?

Basically, I am trying to figure out if there is any possible, rational basis for her opposition to you parking your car on your side of the top of the Y. Where would she expect you to park your car otherwise?

 

[pepbill]

If I understand you correctly the top side of the Y on your property is no space that she needs to use in any way whatsoever? She does not need to back into your side of the Y in order to pull out of the driveway on a forward basis? You do not use her side to back into to do the same? How long is your side of the Y?

Basically, I am trying to figure out if there is any possible, rational basis for her opposition to you parking your car on your side of the top of the Y. Where would she expect you to park your car otherwise?

Neither of us use the top parts of each other's Y. I haven't used the driveway much in the time we've owned the house because I used street parking in front of house. She has a car port in her backyard and uses her backyard to turn around. Been that way since she moved in. The way to think about it is at the street the Y is like 1.5-1.75 cars wide. About about 1/2 down the Y it becomes 2.25 to 2.5 cars wide. It's too narrow to do anything but drive down and back. I back down to charge and drive out in the morning.

 

[HRZ]

THe point is that a unless the easement says otherwise each of you needs to keep it clear even if the other almost never uses that portion ....Your neighbor may be over concerned about loss of her easement if you use it for parking to recharge ...and there are some horror stories about losses due to lack of attention ...so there is a bit of basis to such fears. ...generally , use by permission, ideally written permission , for say you to,park your car there tadjacent to your recharge connection would not arise into any adverse possession or loss and can be worded as permission /license to just you for your car ....can be a simple but clear permission ...ask her very politely ifmsuch would meet both your needs ?

 

[LdiJ]

THe point is that a unless the easement says otherwise each of you needs to keep it clear even if the other almost never uses that portion ....Your neighbor may be over concerned about loss of her easement if you use it for parking to recharge ...and there are some horror stories about losses due to lack of attention ...so there is a bit of basis to such fears. ...generally , use by permission, ideally written permission , for say you to,park your car there tadjacent to your recharge connection would not arise into any adverse possession or loss and can be worded as permission /license to just you for your car ....can be a simple but clear permission ...ask her very politely ifmsuch would meet both your needs ?

I do not agree with this advice at this point. I believe that it is premature. It might eventually be something to consider, but not yet.

Unfortunately, I am still unclear as to the situation, and I believe that the OP needs to speak to someone local who can view a picture of the easement/driveway.

 

[FarmerJ]

SO in your written easement does it say exactly how many feet into the properties from the public street does this easement involve ?