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Can some park on the easement on my property?
Anonymous4 views3 answers
my neighbor across the street parked on our grass. We asked if he would please not park there because it would tear up the grass and living in Florida with all the rain it's not hard to do if you park or drive on the grass. It would just make our property look bad. The neighbor got upset and said it's a right a way, an easement. Our understanding of an easement is for the utility companies and city to install, repair pipes, wire, roads but we just can't see how people can just park there and ruin the grass.
It depends on the express wording and scope of the easement and the person to whom the easement is granted. If it is a utility easement reserved for the power companies, your neighbors cannot park there and use it as their own. Moreover, unless it is a public easement, your neighbor has no right to park on your property.
An easement gives someone who doesn't own your property the right to use a portion of your property for a specific purpose. Your having a utiltiy easement on your property would not give your neighbor the right to park there. However, in many neighborhoods, the county right of way for roads and sidewalks is not fully used. Many times homeowners grow grass on this unused public right of way, thinking it is their property. Your neighbor would have the right to park on the public right of way. To make sure of exactly what your rights are, you should take a survey of your property and a copy of your title insurance policy to an experienced real estate lawyer in your area.
Is the grassy area between a sidewalk and the street (also called the "parkway")? if so, as Attorney Deason mentioned, while it is still your land for maintenance purposes, it belongs to the city or municipality as a utility easement for use in future road projects or other utility needs . If that is the case and unless there are existing ordinances that make parking in the parkway illegal, then your neighbor is correct and has every right to be there. Many cities, particularly those that plant grass and maintain the parkways prohibit it or only allow it on given days. Additionally, cars parked in the parkway cannot touch either the street or the sidewalk, or they will find themselves in violation of ADA rules.
