Legal Question in Real Estate Law in California
I am a homeowner on a private street where at the end of the street, a private business accumulates a lot of traffic, their address is not on our street and they use it for their driveway and parking. There is a large amount of damage accumulating at the end of the street as well as our driveway from their delivery trucks using our driveway as a turn around. They have refused to help pay for replacing of the street. Do we have any recourse? Also, they overwater their lawn and it's a creek every night further wearing down the street.
2 Answers from Attorneys
Step One would be to have a real estate attorney examine recorded maps, deeds and other property history from the neighborhood to determine whether the business has, or might be able to assert, any right to use the private street. They may have some kind of deeded rights, may have acquired rights over time by prescriptive use, or perhaps there is something in the nature of a contract that runs with the land giving them a contractual rather than an ownership right to use the street. The private nature of the street should also be confirmed; sometimes property owners incorrectly assume there are no public rights to a street when in fact there are.
Also, the preliminary research should look into whether the business is or is not in compliance with zoning laws, etc.
Once fully armed with as much factual and presumptive information as possible, the attorney should contact the business at an appropriate level, present the facts, and request a meeting to attempt to resolve the matter out-of-court.
If this doesn't produce a satisfactory result, the next step would probably be a lawsuit against the business. Likely claims would include trespass, private nuisance, and perhaps others, and the suit could ask for an injunction and money damages for harm done.
I would emphasize that caution and careful research into the facts and law relating to the business use of the street are recommended, to avoid a possibly costly mistake. Also, the amount of time this has been going on may be critical, as after five years of use there could be some valid claim to an easement by prescription.
If your facts and allegations can be confirmed, you can always bring a damage claim formally, followed by a lawsuit if not settled to your satisfaction. Sounds like your facts would justify doing so. Coincidentally, I reside in 92028 currently. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible. Coincidentally, I reside in 92028 currently.
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