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  1. #1

    Question Can Adjacent Owners Ban Parking on a Private Road

    I live in Calif. and on a common private road, along with other homeowners. The road is not maintained by the county. The road is barely large enough for two passenger vehicles side-by-side.

    The area in which I live has an HOA and CC&Rs, but dues have never been collected and none of the rules have been enforced. I am unsure if there are any parking restrictions on this road.

    A homeowner who lives along this private road will soon have visitors parking on this road. Some of these visitors may park overnight, making passage around them difficult. Who knows what will happen when garbage trucks or emergency vehicles attempt to pass these parked vehicles on the way to an emergency. All the homeowners (except one) are concerned about this eventual problem.

    My question is can we call the police to have vehicles that have been parked over 72 hours and/or are excessively blocking the roadway legally removed?

  2. #2
    Join Date
    Nov 2013
    Posts
    5,136

    Default Re: Parking on a Private Road

    A private road in a subdivision is likely the result of a platted road or a written express grant of an easement to all those that own property in the subdivision. The police will likely do nothing as these matters are civil matters rather than criminal.

    General speaking, an easement for ingress and egress is only for access to properties. It does not allow for parking or any other use unless a grant says it does. Since we don't have a grant to read or know all the facts of the creation of the private road we can't say with any certainty what is allowed.

    If you have some grant language in your deed, you can post it here. Otherwise, you should consult with an attorney.

  3. #3

    Default Re: Parking on a Private Road

    Thanks, Budwad, for the suggestion. We'll check the deed and get back.

  4. #4

    Default Re: Parking on a Private Road

    Interesting

    this is the same issue I am having in Maine, but the judge said that the neighbor can park on the side of the traveled part of the ROW as long it is no more than the typical parking on a public way in our society..... I am going back to court as I disagree with the judge. the neighbors DEED specifically states to "ingress and egress only on the traveled way"

    This goes to show although a DEED explains exactly what is or not allowed a judge will do as he pleases.

  5. #5
    Join Date
    Nov 2013
    Posts
    5,136

    Default Re: Parking on a Private Road

    That is why there is an appeal process when a judge rules contrary to the common law.

    Please start your own thread if you have questions or want to tell us what the facts are.

  6. #6
    Join Date
    Oct 2014
    Posts
    5,616

    Default Re: Parking on a Private Road

    Quote Quoting garretttpe
    View Post
    Interesting

    this is the same issue I am having in Maine, but the judge said that the neighbor can park on the side of the traveled part of the ROW as long it is no more than the typical parking on a public way in our society..... I am going back to court as I disagree with the judge. the neighbors DEED specifically states to "ingress and egress only on the traveled way"

    This goes to show although a DEED explains exactly what is or not allowed a judge will do as he pleases.
    If the judge has ruled on the issue and entered a final judgment then generally your option is to appeal the judge’s decision, if you have a good basis for appeal. The time allowed for appeal is pretty short, in most states its around 20 to 45 days. If you miss the time to file the appeal, you are usually out of luck. What you can't do is file a brand new case on the same issue that was already decided in the court.

  7. #7
    Join Date
    Nov 2013
    Posts
    5,136

    Default Re: Parking on a Private Road

    If the property was sold (either of them) to new owners, can the new owner file a suit to prevent the parking on the easement or is it still Res Judicata?

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