Parking Pleasure

[Dave Stevens]

What is the name of your state? CA

I am a property owner with an easement on it (Im the servient owner of the easement) that 6 neighbors use to get to their houses. Its a small neighborhood. One of the neighbors uses the road for their parking pleasure - they park on the shoulder of the asphalted portion of the road in what is becomming their permanent parking spots. The easement is spelled out for "ingress and egress only". I have read in a few places that the exact meaning of ingress and egress is loose and can be interpretted to include many things besides just "going too and fro".

The guy doing the parking is a typical nuisance neighbor - junky cars, bad attitude, all around jerk and this has turned into somewhat of a conflict. I am considering suing if we can't find some common ground, but am going about diplomatic means until I just cant take it anymore.

I contacted the previous owner who I bought the property from to ask him about the easement for this neighbor. It turns out that the previous owner created the easement for this property 20 years ago. He then told me that when he made the easement he made it clear that the easement did not include parking to the owner at that time. And he felt that the term "ingress/egress" was strong enough to prevent parking abuses - which were very important to him as the road is very narrow. My question is: Does anybody know of cases when courts consider the "original intent" of the easement when they decide if a use is permitted or not? Is testimony from the person who granted the easement considered important when determining original intent? The guy I bought the property from and I are on very good terms and Im sure he will testify or at least submit an affidavit if asked.

 

[justalayman]

Is testimony from the person who granted the easement considered important when determining original intent?

Yes.

You also state the road is very narrow. Is the offending neighbor staying within the boundaries of the easement? If not. then he is trespassing. If he blocks the easement to the point of it being restrictive, at all, , then he is violating the use and intent of the easement. both/either would be actionable.

 

[Dave Stevens]

Yeah they pretty much do stay within the boundaries and never really block anything so don't think I can get them there. Actually, they do drive on parts of the easement and past the end of their defined easement onto a portion of my driveway and that is definitely trespassing and they are doing it to needle me. I know I can sue them for this and then they will stop, but I gain nothing. This part is not really not causing me any problems other than they are trying to piss me off so it pisses me off. I really want their cars off because it devalues the neighborhood and I have alot invested here and they are scums that will keep sucking till they get every ounce out of you. Its gotta stop somewhere and I am just trying to figure out how to build my case so it is as bullet proof as possible.

Thanks layman

 

[lwpat]

Send them a registered letter notifying them that they are burdening the easement and that no parking is allowed. The next time it happens take pictures and send themn another letter stating that in the future vehicles parked on the easement will be towed. Then tow away.