Legal Question in Real Estate Law in California

Our property in Contra Costa County is fenced, but about 15 feet in front of the fence is lawn that reaches to the street. We have problems with people parking their cars on that area. Can we legally require them not to park there? One of the people parking there is claiming that the 3' county easement gives them the right to use that as a parking area.


Asked on 10/15/09, 8:31 am

2 Answers from Attorneys

To answer your question would require a look at your title records, starting with your deed which probably contains a description of the easement, but sometimes the easement only refers to the subdivision map which would then have to be reviewed. If the easement does give a public right to park within the easement, then some measurements would be needed to see exactly where it is.

Although two and three foot easements were common conditions of subdivision approval to allow expansion of roads, addition of sidewalks, etc., not every property has them, and sometimes the county has already used them to widen the street in the past. Also the language of some easements is broad enough to include parking and others are not. So that's why you really have to look at the title documents and then see where the easement really lies: on your lawn or in the street.

Even IF the easment IS on your lawn, and IF it is broad enough to allow parking, you still have the right to put some kind of barrier between the small part of your lawn that is in the easement, and the rest of your lawn, or maybe just gravel off that strip, and if people park past it you should be able to have them ticketed or towed.

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Answered on 10/15/09, 10:05 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with the foregoing. The purpose of the easement is all-important. An easement in favor of the county is not the same thing as an easement to the public in general for parking.

You should also be alert to the possibility that someone or some group may try to assert that a prescriptive easement for parking has arisen through long and customary use.

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Answered on 10/15/09, 11:22 am


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