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  1. #1
    Join Date
    Jul 2012
    Posts
    6

    Default Towing from Private Easement

    My question involves a traffic citation from the state of: California.

    I own the street easement in front of my house. My neighbor who lives across the street cannot park on his side of the street (also my street easement property) because it is a fire lane. My neighbor does not own any portion of the street; he has only an ingress and egress easement right.

    My neighbor has a huge driveway and two double garages yet he chooses to park in front of my house. My driveway will fit only one car, so because my neighbor has claimed the spot in front of my house, my guests now have no place to park except the public street which is over 500 feet away. So far, private tow companies refuse to tow my neighbor's car off of my street easement property because my neighbor lives across the street. Litigating this matter will cost over $10,000 - $50,000 and take 3-5 years due to the backlog in the California courts, so getting an injunction is out of the question.

    My question is this: If I can find a tow truck company to tow my neighbor's vehicle and my neighbor sues me and prevails, what is the maximum in damages I could be held liable for?

    Thank you for your help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Towing from Private Easement

    Quote Quoting At Wits End
    View Post
    I own the street easement in front of my house.
    You need to share the relevant facts. Tell us about the street, and share the language of the easement.
    Quote Quoting At Wits End
    My neighbor has a huge driveway and two double garages yet he chooses to park in front of my house.
    Public parking is either allowed on the street or it is not. Which is it?
    Quote Quoting At Wits End
    Litigating this matter will cost over $10,000 - $50,000 and take 3-5 years due to the backlog in the California courts, so getting an injunction is out of the question.
    If that's what an array of lawyers have told you, then that confirms that are a lot of facts you haven't shared that could affect the outcome.
    Quote Quoting At Wits End
    My question is this: If I can find a tow truck company to tow my neighbor's vehicle and my neighbor sues me and prevails, what is the maximum in damages I could be held liable for?
    You could be liable for whatever damages you inflict upon your neighbor, including but not limited to damage to the vehicle, towing fees and storage fees.

  3. #3
    Join Date
    Jul 2012
    Posts
    6

    Default Re: Towing from Private Easement

    The street in front of my house is listed as a separate parcel on my grant deed. The language in the deed which is related to the easement parcel consists only of the property description. The deeds of other homeowners state that they have an ingress and egress easement right over my easement parcel.

    There is no general rule as to whether public parking is allowed on the street. I personally do not allow anyone to park on my street easement parcel based on the fact that I own the parcel and no one has any easement right to use my property for parking. As stated previously, the easement rights are for ingress and egress only.

    I have shared all pertinent facts with you. I have talked to two attorneys (and not an array of lawyers) who both say the California court system is broken due to the budget cuts. The fees charged to litigate this matter are what lawyers charge in California. I said getting an injunction is out of the question because I am do not have $50,000 to spend on this problem.

    And thanks Mr. Know it All for being a know-it-all!

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