My question involves an easement in the state of:California
We own a home which shares a driveway with 2 other homes. All 3 properties have used the right side of the driveway as parking for 20+ years. (we have lived here/owned for 30) I will call my property "B" as reference.
Property "a", is now selling their home and it has barely come to our attention that they apparently own the full driveway and there was an easement from the 1970's/80s that states the driveway is for ingress and egress us. A city mapper told me that at first NEITHER A B or C could park there according to the easement, however we may have a perspective easement because they legally had 5 years to inform us that no one can park there (they have owned and parked here daily for approx 20 years). So now they have told us that we can no longer park there (properties B and C). After speaking to attorneys, I was informed that we indeed have a hostile easement and possibly perspective and implied.
I informed them that we indeed have every right to park now. so i have now received a letter stating that in a few days NO PARKING signs will be posted by property A and if any cars of B and C park there we will be towed. they stated that the city fire department advised them that the driveway is a "fire lane" which requires an unobstructed width of no less than 20 feet (ironically the exact size of the driveway width) and they claimed that the fire department had advised them to post the signage and that if we park there we will be in violation of Vehicle code 22500 (prohibiting parking in a fire lane) and that the fire department claims that the no parking requirement will be enforced by the city upon notice from the owners of the 3 properties.
I personally went to our local firestation who advised me that they have NOT received any information regarding this and that they ONLY require 13 feet clearance (which is the exact space left after the vehicles are parked there).
The firemen i spoke to said they felt it was incorrect information in the letter however told me to speak to the fire marshal next week. in fact.. they said that the letter we received does not even sound like it makes any sense and sounds more like a scare tactic. But my fear is that they WILL tow our cars and the city says they dont like to get involved in civil matters . The police said i could call them but they couldn't say for sure if the tow would be legal or not.
I am curios to know the following:
1. can they just suddenly , within days, post a notice and start towing?
2. after so many years of parking, do we in fact have a hostile, implied or perspective easement in place which would not allow them to tow our vehicles... at lleast until it is cleared in court or mediation etc?
3. what can i do right away to STOP any sudden action from taking place?
Also, i have chronic pain issues which would make it hard for me to get to my auto with my children if parked on the street (and steep hill) would there be any kind of handicap rule which would allow me to remain parked in front of my house as I am now?
Please can someone help me put something together with my legal rights . even if it is just a hostile easement? what can i do to stop or delay this?
I hope i am making sense here, if not i can answer questions. PLEASE HELP!
We own a home which shares a driveway with 2 other homes. All 3 properties have used the right side of the driveway as parking for 20+ years. (we have lived here/owned for 30) I will call my property "B" as reference.
Property "a", is now selling their home and it has barely come to our attention that they apparently own the full driveway and there was an easement from the 1970's/80s that states the driveway is for ingress and egress us. A city mapper told me that at first NEITHER A B or C could park there according to the easement, however we may have a perspective easement because they legally had 5 years to inform us that no one can park there (they have owned and parked here daily for approx 20 years). So now they have told us that we can no longer park there (properties B and C). After speaking to attorneys, I was informed that we indeed have a hostile easement and possibly perspective and implied.
I informed them that we indeed have every right to park now. so i have now received a letter stating that in a few days NO PARKING signs will be posted by property A and if any cars of B and C park there we will be towed. they stated that the city fire department advised them that the driveway is a "fire lane" which requires an unobstructed width of no less than 20 feet (ironically the exact size of the driveway width) and they claimed that the fire department had advised them to post the signage and that if we park there we will be in violation of Vehicle code 22500 (prohibiting parking in a fire lane) and that the fire department claims that the no parking requirement will be enforced by the city upon notice from the owners of the 3 properties.
I personally went to our local firestation who advised me that they have NOT received any information regarding this and that they ONLY require 13 feet clearance (which is the exact space left after the vehicles are parked there).
The firemen i spoke to said they felt it was incorrect information in the letter however told me to speak to the fire marshal next week. in fact.. they said that the letter we received does not even sound like it makes any sense and sounds more like a scare tactic. But my fear is that they WILL tow our cars and the city says they dont like to get involved in civil matters . The police said i could call them but they couldn't say for sure if the tow would be legal or not.
I am curios to know the following:
1. can they just suddenly , within days, post a notice and start towing?
2. after so many years of parking, do we in fact have a hostile, implied or perspective easement in place which would not allow them to tow our vehicles... at lleast until it is cleared in court or mediation etc?
3. what can i do right away to STOP any sudden action from taking place?
Also, i have chronic pain issues which would make it hard for me to get to my auto with my children if parked on the street (and steep hill) would there be any kind of handicap rule which would allow me to remain parked in front of my house as I am now?
Please can someone help me put something together with my legal rights . even if it is just a hostile easement? what can i do to stop or delay this?
I hope i am making sense here, if not i can answer questions. PLEASE HELP!
Use and Enforcement: Parking on a Shared Driveway for 30 Years, Can We Now Be Required to Move or Betowed
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