Can You Be Banned from Parking on an Access Easement by a New Neighbor

[Easements]

My question involves real estate located in the State of: Kentucky

Attempted to add pictures but couldn't, it took me from "insert image" to "add URL"..

My Home was built in 1937 which appears to be the same year the building next door was built. My father owned and lived in the house since around 1980, I now own the home since 2010.. The home has a 10' wide access easement marked on the deed that runs from the public road to the full length of my property which ends just past my small 1 car garage at which point the easement dead ends into a brick wall. It doesn't say anything other than the dimensions and access easement.

Because of no parking spots on the street (rarely are there spots available), my father and I and other members of the home have openly parked our cars on the easement since the 1980's consistently and without the endorsement of the property owners. Over the years the property at which the easement resides has changed hands at least 3 or 4 times. It was brought to my attention yesterday via a letter from an attorney that the property has a new owner and we are to no longer park on the access easement. I believe I'm the only one on our street without an actual driveway.

Without the easement, we would have to park on another block and that would be a long way away from my home. Do I have any right to continue parking on the access easement? Is there any law prohibiting me from doing so? Should I write the attorney back?

[jk]

You might have claim under a prescriptive easement. The problem is it requires suing or forcing the owners hand and they filing suit (which you would have to defend) which can be a considerable cost.

Other than that you would have no legal right to park on the easement.

[adjusterjack]

Without the easement, we would have to park on another block and that would be a long way away from my home. Do I have any right to continue parking on the access easement? Is there any law prohibiting me from doing so? Should I write the attorney back?

I don't think you have any chance at a prescriptive easement. One of the key elements of a prescriptive easement is that the use of the land be without the consent of the owners.

The previous owners have watched you and your family park there without objection. To me that's consent. It would be something else if they lived elsewhere and didn't know it was happening.

Now you know that you no longer have consent to park there so, no, you have no right to park there so stop doing it.

That the owner got a lawyer to write to you means some serious consequences in your future if you push the envelope, like maybe incurring big towing fees one day.

If you have a front lawn you might consider turning it into concrete so you can park on it, if that's allowed by local codes.

[Easements]

I don't think you have any chance at a prescriptive easement. One of the key elements of a prescriptive easement is that the use of the land be without the consent of the owners.

The previous owners have watched you and your family park there without objection. To me that's consent.

I have letters from years past from the last owner that requested I stop parking there. Dunno if that would help. I continued because I really have no other option besides adding on to the garage which would probably be upwards of $30,000 which I cant currently do but would do that before using my front yard. When they sent the letter back in 2012 I offered the owner $10,000 but never heard anything back.

[Mr. Knowitall]

When they sent the letter back in 2012 I offered the owner $10,000 but never heard anything back.

Did you stop parking on the easement after you were told to stop by that prior owner? If not, what did they do or say when you refused to stop?

[Easements]

No like I said I really don't have another option when there's no parking on the street so I had to continue parking there. They wrote me a letter asking us to stop and I wrote a letter back telling them we have no other option and I hadn't heard anything else until yesterday from the new owners attorney.

So it sounds like you guys are basically saying that I have no authority to park on the access easement even though it's on my property deed and we've parked there for over 30 years.

[Mr. Knowitall]

Having an easement for access on your deed gives you -- guess what -- an easement for access. That's not an easement for parking.

[A] prescriptive easement can be acquired by actual, hostile, open and notorious, exclusive, and continuous possession of the property for the statutory period of fifteen years.

You have told us quite clearly that you knew that the land under the easement was not yours and, at least as of a few years ago, you knew that you could not park on the easement and even offered to pay for the right to park there. You can try to establish that your use of the easement for parking was adverse, at least as of 2012, but you're going to have a tough time proving that any prior parking was non-permissive, and an even bigger problem trying to prove that the prior owner or owners parked non-permissively in a manner consistent to your own so as to satisfy the 15-year statutory period.

If you're still willing to throw $10,000, perhaps more, at the matter, you can retain a lawyer to file a lawsuit to try to convince a court that you have established prescriptive easement rights to park on the driveway. Or perhaps the new owner will be interested in selling you parking rights.

[Easements]

Sounds like I'll be better off investing in upgrading my 1 car garage into a 2 or 3 car garage or into just a parking area.. One of the issues with tearing down the detached garage and turning it into a parking area is I'm not sure my access easement would remain intact. Looks like we have some interesting days ahead.

[jk]

I don't think you have any chance at a prescriptive easement. One of the key elements of a prescriptive easement is that the use of the land be without the consent of the owners.

The previous owners have watched you and your family park there without objection. To me that's consent. It would be something else if they lived elsewhere and didn't know it was happening.

Now you know that you no longer have consent to park there so, no, you have no right to park there so stop doing it.

That the owner got a lawyer to write to you means some serious consequences in your future if you push the envelope, like maybe incurring big towing fees one day.

If you have a front lawn you might consider turning it into concrete so you can park on it, if that's allowed by local codes.

permission cannot be implied by the failure to dispute the use. If that was the case then no pe claim could ever succeed as one element is the use must be notorious and open. That means the use is known. Either there is permission or there isn't. If no permission to park was given then there was no permission and the use was adverse

your easement would remain unless there is something in the grant stating it would terminate at some point or based upon some circumstance.

[adjusterjack]

Sounds like I'll be better off investing in upgrading my 1 car garage into a 2 or 3 car garage or into just a parking area.. One of the issues with tearing down the detached garage and turning it into a parking area is I'm not sure my access easement would remain intact. Looks like we have some interesting days ahead.

You keep writing that you have no options but you do have options (park a block away, convert your garage, maybe others) you just choose not to take them.

You're right. You have interesting days ahead and they are destined to be quite costly.