Legal Question in Real Estate Law in California
unauthorized speed limit signs on private property
There is a recorded easement for ingress/egress only on one side of my property (10 acres) in LA County, CA, which is used by several neighbors to get to their property. The easement was recorded many years ago, long before I purchased my property. One of the neighbors whose property is adjacent to mine has installed 5 MPH signs and a �warning-speed bumps� sign on their fence next to my property (the easement) without my permission or even discussing it with me. Although the signs are not ON my property, they imply said restrictions/warnings on the easement. It�s a very rural area and only a few residents use the driveway. I�m not aware of anyone speeding or driving recklessly. The driveway is completely on my property and I don�t like the idea of someone else trying to impose rules on my land that they don�t own. The signs send a false message to others who use that road that I�ve placed the signs, when in fact, I haven�t. Can I demand the removal of the signs? Since the road is on my property, is there increased liability to me because of the signs? Are there other legal problems that these signs could cause?
1 Answer from Attorneys
Re: unauthorized speed limit signs on private property
I can't think of any really sure-fire legal theory upon which you could demand removal of the signs. The property owner probably has a First Amendment right of free speech to post such signs on his property. If it were a case of his creating speed bumps or hazards, that would be a different matter.
I suggest negotiating this matter, not litigating.
You could always counter by posting an "End 5 MPH Zone" at the beginning of your property. I don't really recommend this, of course, because it could be viewed as an escalation in the war of signs, but it is a possibility.
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