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  1. #1
    Join Date
    Apr 2019
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    7

    Default Parking in a Turn-Around Easement

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

    We have a turn-around area near the end of our spur. This area is about two car widths wide. The underlying owner of that area tells me he can park one car there, because cars can still turn around using the other slot. However, bigger delivery trucks can no longer turn around and must back out a narrow and curvy section. He says, tough luck, they don't have standing. I say it is to the benefit of those who have standing to not impede these trucks. If I'm driving in, I would have to wait outside the spur for the truck to get out, etc. Also, if a car parks there, it attracts another car. Is one required to keep track of which car is there first to determine who is violating the easement?

    What are your thoughts on this?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,667

    Default Re: Parking in a Turn-Around Easement

    Have a local real estate attorney look at the wording of the easement.

  3. #3
    Join Date
    Mar 2013
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    17,604

    Default Re: Parking in a Turn-Around Easement

    Quote Quoting babazaroni
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    What are your thoughts on this?
    No thoughts without reading the recorded easement document.

    If you have it, take it to a lawyer for evaluation.

    If it turns out that the easement is restricted to ingress and egress then nobody parks and you can go to court and get an injunction against him, then it's his tough luck if he disobeys it.

    Again, depends on the wording of the easement.

  4. #4
    Join Date
    Jul 2018
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    2,054

    Default Re: Parking in a Turn-Around Easement

    Quote Quoting babazaroni
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    We have a turn-around area near the end of our spur.
    You should provide a better explanation of what "we have" and "our spur" mean (or provide a Google Maps link).


    Quote Quoting babazaroni
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    However, bigger delivery trucks can no longer turn around and must back out a narrow and curvy section. He says, tough luck, they don't have standing.
    I have no idea what you mean (or, more accurately, what he means) by "have standing." Also, do you drive a "bigger delivery truck"?


    Quote Quoting babazaroni
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    Also, if a car parks there, it attracts another car.
    Huh? Are these magnetic cars?


    Quote Quoting babazaroni
    View Post
    Is one required to keep track of which car is there first to determine who is violating the easement?

    What are your thoughts on this?
    No way for anyone to express an informed opinion about this given your inadequate explanation of the issue and your failure to provide any information about what any easement says.

    Unless you want to provide better and more information, the only thing anyone here can intelligently tell you is to consult with a local real estate attorney.

  5. #5
    Join Date
    Apr 2019
    Posts
    7

    Default Re: Parking in a Turn-Around Easement

    There is no wording regarding the deed. The area is titled "turn-around easement" on the plat. There is no reference on any deed to the turn-around area. The deed for the underlying area simply refers to the plat.

  6. #6
    Join Date
    Mar 2013
    Posts
    17,604

    Default Re: Parking in a Turn-Around Easement

    Have you don't a search of the county records for any recorded document from when the plat was drawn?

    You might want to pay a title company to do it. I looked at several houses last year that appeared not to have any deed restrictions. I'm pretty good at those searches. I couldn't find any but a title company did. Sometimes the restrictions are not in the name of the subdivision but in the name of the developer or there could be spelling errors that conceal the document.

    If you can rule out the existence of written documents, the plat alone might be enough to convince a judge to issue an injunction against the parking of vehicles in the "turn-around easement."

  7. #7
    Join Date
    Nov 2013
    Posts
    6,699

    Default Re: Parking in a Turn-Around Easement

    Quote Quoting babazaroni
    View Post
    There is no wording regarding the deed. The area is titled "turn-around easement" on the plat. There is no reference on any deed to the turn-around area. The deed for the underlying area simply refers to the plat.
    A road for ingress/egress or a turn-around that is established by a recorded plat and there is no express grant that does not include parking as a right of the servient or dominant estates they can't park on the easement. It's that simple.

    So if you want to make an issue about the parking, you need to go to court to stop the parking on the turn-around.

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