Can I park my car in the land where I have legal right of way?

I have legal right of way through my neighboring land.My neighbor do not allow me to park my car in right of way land.He says I only can use the way but not park the car.Is that any clear interpretation of "Right Of Way"?
In Selling Property - Asked by APU P. - Jul 15, 2010
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Answer(s)

Rob T.
Developer
Boynton Beach, FL

You need to review the easement language. If by right of way you mean you have an access easement (aka ingress/egress easement) you will want to review the document that vests that right. It should be public record and depending on when /if you acquired the property you obtained a title policy you should have a copy of it included as an exhibit.
It is quite possible tht the language vesting the right only allows for ingress/egress and that parking would require special notification, seperate agreement, etc. From experience any ingress/egress across property should certainly incude a provision addressing parking either allowing or prohibiting. If parking is contemplated the language needs to specifically address this or a seperate cross-parking easement negotiated. If it is simply recorded as ingress/egress I beleive a court would rule in favor of the neighbor, which also means he could have your vehicle towed at your cost.
Sorry for the bad news ...
RT

Jul 16, 2010
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Dan T.
Richmond, IN

I've been told by a local Law Enforcement officer that anyone can park along side a road...(in Indiana) PROVIDING parking is not prohibited by a sign or an applicable law to that effect.
My car was parked along the right of way of a road during a land auction... when a passerby (motorist) drove by the auction and hit my parked car.
(He was checking out the auction and not watching where he was going)
He contended to the officer that I was parked illegally...the deputy sheriff told him that anyone could park along side any road...as long as the roadway was not restricted to parking in that area. I would assume if my car was blocking the road, that would be a different situation.

Jul 26, 2010
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Dan T.
Richmond, IN

Sorry...I got off track when I noticed "right of way".
An attorney (or the courts) may view this situation differently...If one has legal right to be on someone elses property, via an easement or other means... (right of way is generally not the language used in this type of easement for ingress/egress) then the act of that person exercising his right may not be "that" restricted...
I believe the issue is ... does that person have the right to be on the property? As said before, a review of the document/contract that allows for the easement may clarify the matter. If the easement terminology is rather vague...the intrepretation of the parties to that agreement could be as well. Any contract or easement that fails to clearly state the obligations of the parties can be challenged...(litigated).
Which party has the most money? (Landowner or easement holder). Either party may view the cost of litigation as too expensive and too time consuming...and decide to allow the other party the right to have his way...as to "what" the contract implies, or provides for.

Jul 26, 2010
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Dan T.
Richmond, IN

I've been told by a local Law Enforcement officer that anyone can park along side a road...(in Indiana) PROVIDING parking is not prohibited by a sign or an applicable law to that effect.
My car was parked along the right of way of a road during a land auction... when a passerby (motorist) drove by the auction and hit my parked car.
(He was checking out the auction and not watching where he was going)
He contended to the officer that I was parked illegally...the deputy sheriff told him that anyone could park along side any road...as long as the roadway was not restricted to parking in that area. I would assume if my car was blocking the road, that would be a different situation.

Jul 26, 2010
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