I live on a private road (cul-de-sac), three houses on the left, two on the right. My house is the last one on the left. My neighbor across the road, the last house on the right, said that she owns the easement and threatens to have my vehicle towed if I park at the top of the easement on the left. This vehicle parked there does not in any way interfere with entering or exciting the road or round easement. What are my rights legally?
To effectively answer your question, one would need to know the derivation of the easement. If it is an express easement, one would need to review the document in which the easement is stateed The terms of the easement can get more murky if the easement is implied by necessity or some other means.
You need to consult with a real estate attorney to determine your rights. The cost of the consultation may be about the same as paying to recover your car from the tow company once.
This is not legal advice and does not create an attorney-client relationship. The information provided is a general statement of the law. Reviewing a case and giving legal advice to a client requires more information than can be exchanged in this format. If you need legal advice, contact an experienced tenants' attorney.
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