Legal Question in Real Estate Law in California
Rights of Owners on Private Street
I live at the end of a private street on the radius of a cul-de-sac. The street is built upon a series of easements across people's lots (approximately 15 homes on the street). Too often, people will park in a way that blocks my driveway, preventing me from either leaving my home or getting to it. Do I have the right to have a tow truck haul the car away? Also, there are often cars left parked on our street for significant periods of time. If this were a public street, the police would consider the car abandoned after 72 hours and would tow the car away. But what about private streets?
1 Answer from Attorneys
Re: Rights of Owners on Private Street
Under one theory or another, you almost certainly have a right of ingress and egress via your street and driveway.
However, towing vehicles from various classes and types of private property is controlled by statute and, sometimes, local ordinance.
First, you should look at the actual Vehicle Code provisions re removal of parked and abandoned vehicles. In particular, look at sections 22658, 22658.2 and 22660. Some of these may apply.
Next, I would have a chat with the owner or manager of two or more towing services in your community BEFORE the need to use them arises, to see if they can enlighten you on any local ordinances, policies or their experiences.
Finally, I would never have a car towed if there is a reasonable clue as to who owns it and where and when the owner will return, or can be contacted, unless there is an emergency.
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