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Can my neighbor park his boat for two/three days on the easement in front of my house; I live on a private road.

El Cajon, CA |

His parents are the owner of said property. I asked him nicely to move it, but he resists. Other owners, including myself, have a hard time "squeezing our vehicles" in to go to our homes. He not only has a speed boat, but hooked onto his truck which is also blocking my mailbox. Postal Service states they have to catch him in the act. He parks after the mail is delivered on Saturday. We live in the county.

Attorney Answers 4

Posted

A property owner may not block access to an easement area.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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2 lawyers agree

Posted

While this person seems to be acting under permissions of the neighbor, he has no right to block the easement. If there are other owners who are blocked, the group of you can bring an action for interference with the easement.
It may be that your local community has a mediation service. El Cajon or the County of San Diego. That might be less expensive than bringing the required action to enjoin the defendant from parking his boat on the easement.
Seek out an experienced real estate lawyer in your area, and have them examine your option in San Diego County.
Good luck.
Joseph C. Melino
Melino Law
San Jose, CA

DISCLAIMER—This answer is for informational purposes only under the AVVO or LinkedIn systems and their respective terms and conditions. It discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.

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1 comment

Jody Lynn Peskin

Jody Lynn Peskin

Posted

Though I don't practice in your state, I agree with all the comments made and defer to the attorneys' knowledge of CA law. I would suggest, though, that you take photographs of the area, with and without the boats/vehicles that block the easement and show how they block the easement and mailbox, and make it difficult to enter your homes. This will help the attorney understand your situation, and may also help a mediator or judge when the matter needs to be resolved.

Posted

This could be a county violation also. Check with the building department or code enforcement office.

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Posted

I agree with all counsel above and would add that not only is his blocking the easement a violation of all of your mutual and "non exclusive" rights, this behavior may constitue an actionable "nuisance claim". Is there a recorded easement agreement? There may be more rights...and potential remedies...than mentioned above. There may also be violations of local ordinances due to, for example, interference with emergency acess. You may wish to explore a free or limited consultation to flesh out more details. Good luck.

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