Legal Question in Civil Litigation in California
My neighbor and I are in a battle that appears headed to a restraining order situation. He is going to file against me, and I will do the same. The issue stems from a parcel of land adjancent to both of our properties. It is dedicated in perpituity to the city of San Diego and can not be sold. We both park vehicles there but he persists in parking on my side of the land. It is city owned land so neither of us can get the other towed for example. He maintains that it is city land so he has no obligation to move. This has led to non stop sparring resulting in a recent police visit. We both are participating in parking each other in, petty annoyance activity etc: It boils down to he has lived here forever and insists he makes the rules. Rightly or wrongly, I won't accept status quo and it has always been done this way. The officers who were here understood my issue but felt he was playing the technicality. My question is how do I go about filing a restraining order that basically calls for fairness in terms of keeping our own sides whether it be our property lines or shared public parking lines?
2 Answers from Attorneys
You're kidding, right? Each of you is going to ask a court to issue a restraining order governing how the other uses a piece of public land? And you think part of this public property is your side? Guess what: you and your neighbor have no more right to the property than anyone else in the city. Mere proximity does not entitle either of you to control the land, let alone each other.
How the land is used is up to the city, not to you or your neighbor. If he uses the land in a way that the city allows but that you don't like, that's too bad. You must learn to deal with it. The same is true if he doesn't like the way you use the land. Just be glad it's available for your use. And don't waste the court's time (to say nothing of your money) over something like this.
Not only what Mr. Hoffman said, what is the logical result when you two get onto the city's radar screen? They will end the dispute by erecting No Parking signs and you will both have got what you deserve.
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