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Do I have a right to park on the easement (neighbors land)

Customer Question
as long as I don't...
do I have a right to park on the easement (neighbors land) as long as I don't block him from using easement. the easement runs to my property only. he never uses it.
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 11 minutes by:
6/16/2015
Real Estate Lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,876
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Good morning,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. What is the easement for---ingress and egress, water and power, or?
2. If for ingress/egress, would your parking on the easement allow the neighbor to still pass on the easement should they want/need to use it?
3. The area where you propose parking---is that on your property?
Doug
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Customer reply replied 2 years ago
for us to get to our property. our neighbor owns it.
yes he would still be able to use it. however he has never used it.
Customer reply replied 2 years ago
he says he will tow us, can he?
Customer reply replied 2 years ago
doug are you still with me?
Real Estate Lawyer: LawTalk, Attorney replied 2 years ago
Yes, I am with you. Please stand by and I will answer your question.
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Real Estate Lawyer: LawTalk, Attorney replied 2 years ago
Good afternoon,
Because the easement is on your neighbor's land, and is for the purpose of you getting to and from your property, it is known as an ingress/egress easement. You may use it only for that purpose---getting to and from your property. The property remains the neighbor’s private land and t=with the sole exception of you and your guests crossing the neighbor's property to get to yours, you may make no other use of the property.
It would not be legal for you to park a vehicle on the easement, even if the neighbor never uses it and can still pass. It would constitute trespass for you to park there and if your vehicle were towed while parked there you would not be able to force the neighbor to pay the towing bill.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
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LawTalk
LawTalk
LawTalk, Attorney
Category: Real Estate Law
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Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

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