Parking on Street Easement

[At Wits End]

My question involves an easement in the state of: California

I live on a street with a private street easement. I pay taxes on and own the portion of the easement which is directly in front of my home and which extends to the other side of the street. My neighbor across the street does not own any part of the easement and has paid no money to maintain it. His deed grants him the right to use the easement for in common with others. Other neighbors' deeds specifically state that the easement is for ingress and egress.

Parking is restricted on one side of the street due to a fire department mandated fire lane. My neighbor across the street and his guests only recently have been parking in front of my house claiming that they have the right to do so because they live on the street. They own many cars and instead of parking them in their driveway, they park their cars in front of my home and in front of other homes on the street. They do this because they do not get along with anyone on the street and they just want to antagonize their neighbors.

I posted a private property no parking sign on my side of the street. The sign contains all of the required verbiage. I have told my neighbor and his guests many times to stop parking on my street parking. I have also told my neighbor to stop parking on my property or I would tow his vehicle. He has threatened me and continues to park on the easement. Law enforcement will not tow on private property, so I called a tow truck. The tow truck company refused to tow the vehicle stating that they do not tow vehicles off of easements. The company also asked why I was the only person on the street with a sign and told me that I do not have the right to restrict parking. I also called other tow truck companies and they refused to tow stating that they will not tow vehicles from any street, including a private street.

I have consulted with attorneys and law enforcement and they all have told me the same thing, that the right to use the easement is not a right to park on it, and that law enforcement will not tow from private property. Also, I have been repeatedly told by both attorneys and law enforcement that I need to do the towing after posting the appropriate signage. Now anyone can park on my street property anytime they want, and there is nothing I can do about it because neither law enforcement nor private tow companies will tow.

[jk]

is this a private street?

If so, you are apparently at the point of seeking an injunction through the courts demanding the people not park on the street.

[At Wits End]

Yes, the street is private. The street is not owned in common with others. Each property owner on one side of the street individually owns the street section in front of their respective homes. The property owners on the other side of the street do not own any portion of the street and only have ingress and egress rights.

[jk]

sounds like it's time for court. You appear to have attempted every other means of enforcing your rights.

[At Wits End]

What if I install lockable and removable traffic bollards on my street property which would prevent unauthorized parking?

[jk]

What if I install lockable and removable traffic bollards on my street property which would prevent unauthorized parking?

I would see it as likely to be you prohibiting the use of the easement. If it is actually part of the easement, you cannot restrict the dominant tenants from their legal use. While they cannot park there, it is still a roadway and you would be diminishing their use of the easement.

[At Wits End]

jk, thank you very much for your help.

- - - Updated - - -

I consulted with an attorney who informed me that it would cost me at a minimum $10,000 to litigate this, and up to $50,000 because I live in California and due to budget cuts the civil court system is basically non functional. Also, it would take 3-5 years to litigate because of the backlog in the courts due to the closing of courts due to the budget crisis here. I do not have $10 - 50 thousand to spend on this problem. Now I am stuck now because my neighbor refuses to move his vehicle and there is no place for my friends or family to park except the public street which is over 500 feet from my home.I am amazed that tow truck drivers will tow from private parking lots yet refuse to tow from private easements.