How to Legally Resolve Parking Disputes with Neighbors

You’ve just commuted home from work after a busy day. You live in a neighborhood with street parking, and today, your next-door neighbor has managed to take up all the parking in front of your house. And this isn’t the first time. Because of how your neighbor has parked, you have to drive a couple of blocks and spend valuable time searching before you can find a spot.

This is an example of one of the many parking issues that can arise between neighbors. While parking-related problems are often relatively minor compared to many property disputes, they can occasionally escalate and become more serious, especially if persistent. As a property owner, it’s important to know the best way to deal with parking issues, big or small.

Common Parking Issues

Depending on the kind of neighborhood you live in, here are some of the parking problems you could face:

A Neighbor Says You’re in Their Spot on a Public Street

Your neighbor is probably wrong about this. Generally, your municipality or state owns public roads, and specific individuals don’t have property rights in public streets, such as reserved parking spots. You can park anywhere you want if it doesn’t violate local parking ordinances.

A Neighbor Parks in Front of Your House

If you live on a public road, there’s probably no issue with your neighbor or their guest parking on the street in front of your house. Parking rules might be stricter if you live in a private neighborhood or have an HOA.

A Neighbor Takes Your Assigned Parking Spot

If you live in an apartment complex, condominium, or other planned neighborhood, there may be rules about resident parking spots. For example, each tenant may get a certain number of spots or specific assigned parking spots. Check your neighborhood rules to see if there is assigned parking, which your HOA or property manager should enforce.

A Neighbor’s Car Is Taking up Two Parking Spaces

Check your local parking ordinances or HOA rules to see if they prohibit people from taking up two parking spots. If so, your HOA or local parking authorities could enforce these rules against your neighbor.

Blocking Driveway

If a neighbor’s car is blocking your driveway, they may be trespassing on your property. If possible, speak with your neighbor about the problem and ask them to move their car. Confronting them could fix the issue in the future as well. However, if they have left the car parked and you can’t reach them and need to leave, consider notifying law enforcement to have the vehicle towed. You might also notify law enforcement or the local transportation agency that handles parking regulations if your neighbor has repeatedly blocked your driveway despite informing them of the issue.

Parking Illegally on Your Private Property

If a neighbor parks their car on your property without your permission, they are trespassing. If this is a one-time event, try talking to your neighbor about why it’s an issue. They may have been unaware, or the fact that you confront the issue may deter them from doing it again. If they continue to park on your property after you’ve asked them not to, consider reporting the matter to law enforcement.

What Rules Govern Parking?

If you’re facing a persistent parking dispute, get familiar with your local parking regulations. Understanding local parking rules can help you resolve conflicts and avoid future problems. Here are some of the primary sources of parking rules:

Local Laws

Some local ordinances address parking issues specifically. General zoning laws that regulate the use and development of real estate might also set parking rules for specific areas. Your local government enforces these parking regulations.

Homeowners’ Association (HOA) Rules

If you live in a private neighborhood with an HOA, you probably have another source of parking rules. Look over your HOA’s Covenants, Conditions, and Restrictions (CC&Rs) for rules about assigned parking spots, allowed vehicles, and other parking and traffic matters. Your HOA enforces these rules. If you live in an apartment complex, you may have similar parking rules in the lease agreement to draw on in a dispute.

Easement Agreements

If you live on a private road in a neighborhood without a homeowners’ association, can individuals who own homes on the private road park in the street? In this case, what neighbors can do with the road may be laid out in an easement document. An easement essentially gives someone who doesn’t own property (such as the private street) certain rights and responsibilities to use a portion of it (such as parking on the private street at particular times). Check the legal documents that came with your property for rules about using the road.

Steps To Handle Parking Disputes

Here are steps you can take to settle parking disputes with your neighbor

Talk About It

If a parking issue arises, talking it out is always a good first step. Addressing the problem politely but directly can often settle the matter permanently. If you’re a renter in an apartment or condo complex, key in the landlord or property manager to the issue. In everything, keep a record of the problem and your steps to address it.

Address the Problem in a Letter

Write a letter to your neighbor explaining the issue. If you’d rather not talk to your neighbor directly or tried talking, but that didn’t work, try writing them a letter about the problem. If relevant, cite local parking ordinances or other rules to explain the problem and the grounds for your request. Consider mentioning the further steps you’ll be forced to consider if the neighbor doesn’t comply with your request.

Let Your HOA Know

If you have an HOA and your neighbor is violating parking rules, file a complaint with your HOA about the problem so they can enforce the rules.

Try Mediation

Consider mediation if you keep running into parking problems with your neighbor but value the neighbor relationship and would like to preserve it. Mediation services can be an effective strategy for resolving neighbor disputes, whether they involve parking or other matters.

File a Complaint

You may need to file a parking complaint with your local parking authorities or law enforcement in some cases. Collect evidence about the parking violations by keeping a log or taking pictures so you can explain the problem fully.

What Legal Action Can You Take?

When it comes to neighbor disputes over parking, legal action is typically the last resort. One of the steps laid out above is often effective in resolving parking issues. However, in some cases, you may need to go further. If your neighbor keeps trespassing on your property, or if a parking dispute becomes a way your neighbor harasses you, you may consider suing your neighbor.

A big question in any legal action is cost, specifically, whether the cost of taking action (attorney’s fees, court costs, etc.) will outweigh its financial benefits or the goal you’re trying to accomplish. Depending on your situation, you might sue for monetary damages in a small claims court or seek an injunction for your neighbor to stop their activity.

Find Experienced Legal Advice

If you’re in a parking dispute with a neighbor and on your last straw, seek legal advice before taking action. Many attorneys provide initial free consultations to hear the facts of the case and provide guidance. Even if you don’t take legal action with the attorney, you can get legal advice on the best course of action to take, along with peace of mind that you’re exhausting your options.

Visit the Super Lawyers directory to find an experienced real estate law attorney in your area.