Here in New Jersey, people take parking seriously.
It’s easy to become territorial over a parking spot. Some residents may find a spot in front of their home taken up by a neighbor’s vehicle, preventing them from parking there or simply enjoying the unencumbered view.
Seeing an unfamiliar parked car while inside your own home is a mild annoyance, to be sure. But is it illegal?
Can my neighbors park in front of my house?
The short answer is yes, at least according to Nolo, a publisher that provides legal clarity for businesses and the general public.
“Generally speaking, an individual citizen does not ‘own’ or have any ongoing exclusive right to use a parking space on a public street,” reads a 2023 Nolo article by attorney Brian Farkas. “These spaces are open to the public on a first-come, first-served basis.”
There are exceptions to the rule in neighborhoods that allocate a specific parking space to a home’s occupant, which would be outlined in the rental or homeowner agreement, Farkas said. Such accommodations are rare in large cities like New York but are more prevalent in suburban areas.
Obviously, drivers must abide by posted signs and regulations when finding a place to park.
New Jersey parking law
New Jersey law includes more than a dozen places where parking is prohibited unless directed by a police officer or “to avoid conflict with other traffic.” Such spots include in an intersection, on a crosswalk, in front of a driveway, within 10 feet of a fire hydrant and within 50 feet of the nearest rail of a railroad crossing.
However, state law allows for municipal ordinances to permit parking in front of private driveways if the driver also owns the driveway, is in the same household as the driveway owner or is authorized to park there by the owner. The rule is contingent on a determination that allowing the parking “would not interfere with the normal flow of traffic.”
Many municipalities have limits on how long a vehicle can be parked in the same place, typically 72 hours, before it is subject to removal. The township code of Edgewater states that any car owner who is absent from the area and is unable “for good cause” to adhere to the time limit must provide notice to the police department of the vehicle’s make, model, license number and location.
Because street parking is generally legal — and in order to avoid a contentious relationship with neighbors — Farkas, in the Nolo article, suggests discussing any parking issues person to person before involving law enforcement or other town personnel. For example, the two parties could agree to park in the preferred spot on alternating weeks or on varying weekdays or weekends, depending on their schedules and who needs the space more.
“Try to make the homeowner understand that you have every bit as much right to park on a public street as anyone else,” the Nolo article says. “It is to your mutual advantage to keep each other’s needs in mind so that you can both park in peace.”
This article originally appeared on NorthJersey.com: NJ state law on neighbors parking in front of your house