Q: Can an easement holder's tenant park in my driveway?
I have a written agreement for a private easement that allows the owner of the adjacent property to use my driveway to access his garage. However, the tenant of the owner, not the owner himself, has been intermittently parking their car in my driveway almost daily over the past three years. Despite repeatedly asking them to stop and sending a letter to the property owner, they continue to park there. No formal legal action has been taken yet. What can I do to stop this unauthorized parking under the terms of the easement?
A: You will need a CA attorney to read your recorded easement. If personal only to the adjacent owner, then it might be actually a license where noone else could use it. But if an easement, owner's tenant probably has the right also. Litigation for a declaratory judgment and an injunction will be expensive and difficult to enforce.
A:
Based on California law, the easement you described grants the adjacent property owner access rights to reach their garage, not parking privileges for them or their tenants. When an easement specifies "access," it typically means the right to pass through, not to use your driveway as a parking spot.
You should first document each instance of unauthorized parking with photos showing date and time stamps. Then, send a formal cease and desist letter via certified mail to both the property owner and the tenant, clearly stating that the easement permits access only, not parking. If possible, post "No Parking" signs that specifically reference the terms of your easement agreement.
If these actions don't resolve the issue, you have legal remedies available. You can file for a temporary restraining order or preliminary injunction to prevent further unauthorized use, or even seek damages for trespass. Consider installing a removable barrier that you can control when you're not using the driveway, as this might physically prevent the unauthorized parking while still allowing legitimate access when needed. Remember that taking action sooner rather than later is important, as continued unauthorized use without challenge could potentially lead to claims of prescriptive rights over time.
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