Legal Question in Real Estate Law in California

The easement is for you to travel to access the property and not to park there. It is also to be used as a side yard and this is unusual terminology and not clear but it would seem to me that parking there is not included in the permitted uses. Use of property as side year appears to indicate that it is to remain vacant and open. The owner can use the land subject to the easement so long as that use does not interfere with your use of the land area subject to the easement for access.

The easement is for you to travel to access the property and not to park there. It is also to be used as a side yard and this is unusual terminology and not clear but it would seem to me that parking there is not included in the permitted uses. Use of property as side year appears to indicate that it is to remain vacant and open. The owner can use the land subject to the easement so long as that use does not interfere with your use of the land area subject to the easement for access.

I would say that (1) an easement for ingress and egress does not allow parking; (2) your additional right to use the easement for a side yard precludes some uses by the owner/neighbor as well, probably including parking; and (3) the nature and scope of things you can do under the "use as a side yard" clause would have to be ascertained from the local facts such as building codes, CC&Rs;, etc. which may require a side yard, a particular separation of buildings, lot-line setbacks, etc. Obviously, some people use their side yards for parking, but that is probably not the intent here.

In addition to what Mr. Whipple stated, the owner of the servient tenement can also use the easement area as long as its use does not interfere with the dominant tenement's use of the easement.