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Ask LawTalk Your Own Question
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37639
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Do I have a right to park on the easement (neighbors land)

Customer Question

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
Expert:  LawTalk replied 2 years ago.
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?
Customer: 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: replied 2 years ago.
he says he will tow us, can he?
Customer: replied 2 years ago.
doug are you still with me?
Expert:  LawTalk replied 2 years ago.
Yes, I am with you. Please stand by and I will answer your question.
Expert:  LawTalk 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,

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