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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Default Easment for Ingress and Egress and Incidental Purposes

    California

    My neighbors have an easement over my property for Ingress and Egress. On my title the exact words are Ingress and Egress and Incidental Purposes. What are Incidental Purposes? My neighbors believe this entitles them to park on my property.

    They also allow their guests to park on my property blocking my driveway and prohibiting me from entering or exiting my property. Does an easement for Ingress and Egress allow the easement holders to use my property for other than entering and exiting their property? Does the easement convey to their guests, meaning are their guests allowed to use my property to enter my neighbors property and they are allowed to park on it?

    Thank you in advance.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easment for Ingress and Egress and Incidental Purposes

    well, they surely cannot block your drive and if they are parking outside of the easement, they are trespassing.

    I would not believe Incidental uses to be parking but it would be up to the writer of the grant to make that call.

    Does the easement convey to their guests, meaning are their guests allowed to use my property to enter my neighbors property and they are allowed to park on it?
    when you say "my property" are you referring to the easement or property outside of the easement?

    If not the easement, nobody has any rights to use your property in any manner you do not give permission for. If the easement; they would have rights to use the property to access the neighbors house but again, I do not believe incidental purposes would include parking but that is open for interpretation.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,559

    Default Re: Easment for Ingress and Egress and Incidental Purposes

    It is unlikely that an ingress egress easement confers the right to park, party, store items, etc. on the easement.

    "Incidental Purposes" could be public utility access.

    I am not an attorney and am not familiar with this term in my practice, not being from California but you might start here for some insight:

    www.courtinfo.ca.gov/opinions/nonpub/B213399.DOC

    I would recommend that you get a local attorney to advise you on this.

    It is unlikely that your neighbor has any right to block you from access to your property unless there is explicit wording in the easement that it is "exclusive".

    That is why it is important for you to get legal advice on this. Sometimes a letter from an attorney can focus the recipient to the point that the problem is solved. Failing that, you will at least know your rights regarding having blocking vehicles towed or booted.

    Good Luck!

    Edit: looks like jk beat me out by ten seconds!

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