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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
    4,718

    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.

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