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Private property owned by 4 town homes on a dead end. Twenty

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Private property owned by 4 town homes on a dead end. Twenty foot servitude established for access for 708, 704 and 700 which is at the end. First town home 712 parks a car on the servitude almost 24 hours a day. Some think because other 3 owners can get around the car although with great difficulty that 712 is not in violation of servitude. Any advice ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

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Do the owners have parking spaces or a garage?

The language of the servitude or easement - doesn't give preferential treatment to an owner for any reason - correct?
Customer: replied 1 year ago.
Don't see any stars or faces
Customer: replied 1 year ago.
Did you get the first response from me
Expert:  Law Pro replied 1 year ago.
I did get the response but you won't see those till I give you an answer.

Do the owners have parking spaces or a garage?

The language of the servitude or easement - doesn't give preferential treatment to an owner for any reason - correct?
Customer: replied 1 year ago.
No preferential treatment is specified. All have driveway and built in garages
Expert:  Law Pro replied 1 year ago.
Then, she is not allowed to park in the easement - an easement holder is NOT the owner of the property and they can only it as per the easement or servitude grant.

An easement holder may not hinder another, may not erect nor place an obstacle on a right of way, nor render its exercise more difficult or otherwise deprive its beneficiary from using the right.

One does not have to navigate within a easement - they are to park off the easement.

Your options are to file suit and get an injunction against her from continuing to hinder others use of the easement.

Moreover, most judge's give the prevailing party in easement cases their attorney's fees and court costs if they have given notice the encroaching party to stop but they continue to do such.

What I would do is send the wrongful easement user a letter stating that they are preventing the other easement holders use of the easement in violation of the law. That if they continue to do such you will have to pursue your legal remedies which include filing suit and pursuing and injuction against them for their wrongful conduct.

The law is very clear - they do not have the right to park in the easement nor make it more difficult for the other easement holders to use.



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Customer: replied 1 year ago.
These owners do own the areas of servitude the 20 feet is part of the legal lot
Expert:  Law Pro replied 1 year ago.
There are always 2 properties in a servitude or easement - a dominant estate and servient estate.

The property encumbered by the easement is the servient estate.

The property getting the benefit of the easement is the dominant estate.

That even though one owns the land - they cannot hinder another use of their easement.

That although they own the land they are parking on - if someone has an easement or right-of-way across their property - then they cannot hinder those peoples use of the easement and can't park on their own property.



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Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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