What Are My Easement Parking Rights?

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We moved into our house 9 years ago and have no driveway, and were told we can park in alley between my house and the neighbors’ as long as it was on our side and we did not block access. We have not blocked access but our neighbor has been out to get us since we moved in and now he wants us out of the alley. We got a letter from the township that said it has been brought the attention of the township that there is some confusion over the use of the alley. The alley is a platted and dedicated alley in the township. The alley is 15 ft wide. Although many alleys in the township are not in use, they are none the less property of the taxpayer and dedicated for their use. The letter says that “Parking in alleys is prohibited. Vehicles that are parked along side of the alley can remain provided that they do not block any other vehicle from safety accessing the travel lane of the alley. Any vehicle blocking the alley will be cited and towed.” Then my neighbor complains to the local police that he cannot get by my vehicle and they show up and tell me I can not park there. I have no where else to park. I have never blocked him from access of the alley. What can I do?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

It sounds like you need to come to an understanding with your neighbor, or with the police, regarding exactly where you can park without illegally blocking the alley. The cheapest way to do this would be by agreement, but if you can’t reach one, you may find yourself in a lawsuit with your neighbor – which I don’t recommend, as it will usually make your relationship worse. Once you know where it’s OK to park, it wouldn’t hurt to mark the area to avoid future disagreements.

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Author: House Attorney