Legal Question in Real Estate Law in California
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Front house wants their newly driving son to park in drive next to their house. He however, parks with more than 20in between the car and the curb. When parked there, it restricts ingress and egress. House 2 is vacant, but may have new owners. House 1 has new owners (as of may). House 3 is mine (since November). The drive and lawn between H1 and H3 are labeled "Common Area" on title paperwork meaning it is shared interest between FH, H1, H2, and H3.
We approached the owners of the front house and asked if they could either park on the street where there are MANY available spots in front of their home or park closer to the curb. They became defensive and said they will park wherever they want and that they felt entitled to because they had paid to repave the drive when the homes were occupied by the previous owners.
The drive is labeled private by the city, so I don't think they will assist with distance to the curb laws. My biggest concern is that if an ambulance or firetruck needed to access the rear homes, they would not be able to. Their solution was to have their son park in front of the lawn space between H1 and H2. He did this and still parked over 20in from the curb.
Now, my other point is that there is limited space in the cul de sac. There are 3 homes and 3 available areas for parking. Both me (H3) and H1 feel that those spots should be for use by residents of the cul de sac. Are there any grounds for us to stand on or any ways to resolve this issue?
2 Answers from Attorneys
It appears that this is a classic "flag lot" minor subdivision, in which the four lots plus the common area were once a single parcel. There would, therefore, be easements granted to the back three properties, and apparently some common interest language as well. There should also be a subdivision map. All those documents would have to be reviewed in order t tell you what the respective legal rights of the parties are for access and parking. If there were no common areas, I would be able to hazard a reasonable guess as to what the rights are, but without knowing key information about the common areas and the private drive from the map and title documents, any guess I made in this case would be as likely to be wrong as right.
I would suggest taking photos and sketches to the local fire department and ask them if the parking creates a problem for them, or not. This is the sort of thing that should be decided by negotiation, not by a judge. I would hate to be the lawyer stuck with writing a complaint that could be acted upon favorably to you. If the fire department believes access is impaired and would back you up, a suit based on private nuisance might have some traction in court. An argument based on property rights (e.g., blocking an easement) would require the kind of inquiries Mr. McCormick describes.
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