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  1. #1
    Join Date
    Apr 2007
    Location
    California
    Posts
    2

    Default Right of Way (Ingress/Egress) Obstructed on Shared Driveway

    State: California
    County: Los Angeles
    City: Pasadena

    A neighbor frequently obstructs access to my property.

    I access my home via a shared private driveway that is jointly owned by two neighbors. I am a third user, but not an owner of the driveway. I have a right of way for ingress and egress (use of the driveway), which provides the only vehicle access to my home. That driveway also provides access to two other homes, which belong to the two joint owners of the driveway.

    The recorded language for my right of way is below.

    A right of way for ingress and egress to and from Parcel 1 [my property] over Lot 6 [the driveway (*)] and the easterly 20 feet measured along a line parallel with the north line of Lot 5 of tract 1642, north of said Parcel 1.

    (*) Lot 6 is a separate parcel that encompasses just the driveway.

    I have had countless conversations with the neighbor about this matter. He is aware of the right of way for ingress/egress. After a year of peaceful conversations about my concerns (and his excuses and unfulfilled promises to do better), the problem has persisted. The neighbor has said that he is "the owner" of the driveway, and I suppose he feels it is all right to park there--even if it blocks my access.

    Another neighbor--the second owner of the shared driveway--has indicated (to me) concerns about the first neighbor's vehicles being parked on the shared driveway. That second driveway owner does not park on the shared driveway. All three homeowners that share the driveway also have separate driveway/parking space.

    I am still hoping for a peaceful solution, but talking nicely has been ineffective. Can you answer any of the questions below, or direct me to resources where I might get more information? Feel free to offer any suggestions you may have.

    1) Are there other resources that may assist me before going to a civil action?
    2) What rights do I have?

    Thanks for any information you may provide.

    Regards,
    RCJ

  2. #2
    Join Date
    Jan 2006
    Posts
    27,024

    Default Re: Right of Way (Ingress/Egress) Obstructed on Shared Driveway

    [quote=RCJ;


    1) Are there other resources that may assist me before going to a civil action?
    2) What rights do I have?

    [/quote]

    1. a baseball bat or other similar tool. (not actually advocating such actions, merely listing the only real option for gaining results short of going to court)

    2. to use your easement as allowed in the grant.

    If you have a home owners association, you may be able to utilize that entity to get some action. You could engage an attorney to write a strongly worded letter to the neighbor telling him to straighten up lest he is subject to court action Other than that it's off to court you go.

  3. #3
    Join Date
    Apr 2007
    Location
    California
    Posts
    2

    Default Re: Right of Way (Ingress/Egress) Obstructed on Shared Driveway

    JK:

    Thanks.

    RCJ

  4. #4
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Right of Way (Ingress/Egress) Obstructed on Shared Driveway

    Q) Are there other resources that may assist me before going to a civil action?



    A) a baseball bat or other similar tool. (not actually advocating such actions, merely listing the only real option for gaining results short of going to court)



    BUT please remember that aluminum bats are no longer allowed!

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