Legal Question in Real Estate Law in California
Right of Way Obstructed
A neighbor obstructs my right of way by parking on a shared driveway.
I access my home via a shared driveway that is jointly owned by two neighbors. I am a third user, but not an owner of the driveway. The driveway also provides access to homes that belong to the two joint owners of the driveway. My right of way (below) provides the only vehicle access to my home.
�A right of way for ingress and egress to and from Parcel 1 [my property] over Lot [x] [the driveway] and the easterly 20 feet measured along a line parallel with the north line of Lot [y] of tract [z], north of said Parcel 1.�
A driveway owner parks on the shared driveway, obstructing my access. After years of discussions about this and his unfulfilled promises to improve, the problem persists. The second driveway owner does not park on the shared driveway. All homeowners involved also have individual parking spaces. I�d like an enforceable solution, such as �No Parking� signs and the ability to have violators towed.
1) What rights do I have?
2) Are there other alternatives before going to court?
3) If I file a legal action, what can I reasonably ask/expect a court to do?
4) Do I have to file against both owners?
3 Answers from Attorneys
Re: Right of Way Obstructed
I have to disagree with both of my colleagues. If you are wise enough to invest in a lawyer for this, this is what I suggest. In the real world, dealing with neighbors is a sensitive issue, but at the same time, you have to be firm, believe me. I would have an attorney write a very polite and sweet letter to them, "dear kind neighbor..." and so on, but, written by an attorney. The first letter will not be threatening, just very polite and see if the situation improves. The second letter if things do not improve will remind them of the first, and be a little more forceful. Yes you have legal options and when you are not at your calmest you want to use them, but a smart lawyer knows when finesse does the trick, and I would try that a couple of times first. I have experience with such finesse. If it doesnt work, I can help with the more legal aspects also. As far as them, you may already have with the right of way the legal remedy, it may just be a question of enforcement. I would need to look at the matter more closely. The last thing you want is to file suit, and then have a court tell you that you already have a right of way, and should have called a tow truck instead of filing a lawsuit.
Best,
Daniel Bakondi
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
Re: Right of Way Obstructed
You would probably file an action for an injunction to prevent obstruction of your easement and/or a declaratory relief action. You probably have to file against anyone who owns or uses the driveway.
Feel free to contact me to discuss further.
Re: Right of Way Obstructed
Right of way cannot be denied and law provides its remedy by way of injuncitons againt wrongdoer.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
