Legal Question in Real Estate Law in California

parking enforcement on an easement

Can the California Vehicle Code � 22658 be enforced on a shared easement between 4 different parcels? To clarify, there exists a cul-de-sac shared by four different houses and each homeowner owns a section of the easement (which looks like a street in a court). Some of the property owners are parking their vehicles on this easement, blocking a clear path, yet not completely obstructing the thoroughfare. If the property owners post the property in accord with CVC 22658, can they tow the other property owner's vehicle and/or can they call the police and have the vehicles cited for parking on said easement? Please let me know. Thank you.


Asked on 1/03/08, 1:04 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: parking enforcement on an easement

I am not sure. Are they making it difficult to pass on the easement or just annoying you by parking there? You can not be prevented from using the part of the easement you own [I assume you all have right to the same land and the easement is not cut up into separate parts],. but if they also own that part of the easement on which their car sits i doubt anyone would tow the cars. You all have the right to use the easement; the police will not get involved in civil disputes among neighbors.

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Answered on 1/04/08, 3:26 pm


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