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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102505
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My lot 8715 Se Knapp St. Hollywood, EXC W 75.25 & EXC 10' S

Customer Question

My lot 8715 Se Knapp St. Hollywood, EXC W 75.25 & EXC 10' S 120' There is a access road to 2 homes running down the length of my lot. The 75.25 reaches 1/2 way across the access road the plus 10' covers the rest of the road right up to a neighbors fence line. I realize need to allow access to their homes but 1 neighbor continues to use the road that I believe I own as a parking lot. On average 3 to 4 cars parked along my fence line. I'm blocked from even mowing my lawn. I told him he couldn't park there. Am I correct?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me:
Does your neighbor have any legal EASEMENT to use the access road, as it is now? Or, not sure?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
Not that I'm aware of.
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ely replied 2 years ago.
Thank you for your reply.
I am sorry, but I am not set up for phone service for this question, and furthermore the state bar can consider telephone communication to violate state law as it may be interpreted as practice of law, which we are forbidden from engaging in with customers of this site. Therefore, I will have to proceed on this thread. Thank you for understanding.
First of all, please make sure that there is no easement. Assuming that there is not, and assuming that this access road is the ONLY egress/ingress road to their property, then:
The neighbor can request (can go to court) for an easement asking for reasonable ingress/egress access. However, their usage of the easement is limited to reasonable need of ingress/egress. They cannot use it as a parking lot.
If they continue to do this without an easement, then someone in your situation can threaten a civil suit for trespass/nuisance, whereas they are likely to counter with an easement request, and then the Court will decide. Alternatively, they can file first for an easement, whereas then someone in your situation can respond that they are taking advantage of the property and that their use of the easement should only be for ingress/egress.
In either case, the Court decides then what is reasonable.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.