Legal Question in Real Estate Law in California

Hi, we live in a private road. What rights as homeowners do we have? Our main concern is people parking in front of our house, can we enforce a no parking rule? Thank you for your help!


Asked on 3/29/11, 1:31 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Since it is a private road all the owners of the road should be able to create whatever rules they wish as long as they do not attempt to overturn the purpose of California law. So you probably can not post the speed as being 100 mph, or require cars to pay you a licensing fee, but you can establish where and when vehicles can be parked [but not that a particular race is not allowed to park.

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Answered on 3/29/11, 1:51 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

How private? Do you own it 100%, or share it with a dozen neighbors? If it is 100% your own road, you could try gates, with or without electric remotely-operated opening and closing. If you share the road, maybe signs are your best bet. Who is parking and for how long? There are really too many variables to give you good advice. One thing you cannot do is issue parking tickets, but if you have signs, you could see if your police will do the ticketing or towing.

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Answered on 3/29/11, 2:18 pm

I have to disagree with Mr. Shers. Unless you do new deeds among all the people who use the road, you are first stuck with the terms of the easements that no doubt establish and govern the road. If it is not done by easements, then there would have to be some form of common interest development document that governs the common areas, such as roads. In either case, that is where you have to start: looking at your title documents and seeing what they say. Unfortunately they may not say much to a lay person, but have significant meaning to a lawyer. One thing that will be very important is whether the road is an easement or a common area, and where the boundaries are located. If it is an easement, chances are your property line extends to the middle of the road. If it is a common area, it probably ends before the road. That alone will have a major impact on your right to prohibit parking. IF you own the road, and IF the other property owners only have an easement right to drive on it and no other easment rights, you should be able to prohibit parking on your property. Lastly, since this is a public Q&A that others may read for information, I should add that I disagree with Mr. Shers about what you can and cannot do as a group. If you all agree (AND are willing to accept the liability exposure, you absolutely could allow a 100 mph speed limit. There are plenty of private race tracks that allow amateur racing on their roads. And of course the Del Monte Forest / 17 Mile Drive in Monterey/Carmel is a classic example of private roads that require a licensing fee, annually for residents and daily for visitors. Private roads can be regulated any way the owners agree to regulate them and are willing to accept the liability risks of it.

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Answered on 3/29/11, 2:27 pm


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