Legal Question in Real Estate Law in California
My house/lot adjoins a flag lot and we have a "driveway" easement over the flag pole portion to a city street as does a lot on the other side of the "flag pole" . The other easement owner has street frontage for their house, and do not use the easement for ingress and egress. The other easement owner wants to use the easement for service people to park in the easement and access the rear of their lot, which of course impedes our use for ingress and egress. Is there case law or CA civil code I could research to prevent the other easement owner from allowing parking in the easement? I also believe the easement is also a fire lane as there is no other access to our house for emergency vehicles except by this easement. Thank you.
1 Answer from Attorneys
It isn't the case law or code that will answer your question. It's the terms of the two easements. If the fire department agrees with your assessment of the need to keep it clear in case of fire, however, the fire marshall may trump any right they have to park anyway.
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