Parking Situation (Legal Advice Needed?)

[dubb93]

i have recently had a problem with a car being parked on my property. I have a very short paved driveway that is two lanes wide that leads to a two car garage and then next to that I have a gravel parking space as well that I put in for visitors to use. Recently there has been an "invader" parking in that gravel spot that is entirely located on my property. I have no idea which house the car belongs to but I do know it has a high school parking pass on the front window. After allowing it for one day I placed a nice note explaining that the parking spot is on my property and was constructed and maintained by me to allow guests at my house to park so as to not block my garage doors and asking them to not park there.


I have a couple of potential suspects at this point. I have a neighbor across the ally that has several high school kids, but we have previously talked about this issue and they agreed. I also have a new neighbor located on the side of my house that is closest to that parking spot. The new neighbor does not seem approachable and I fear if I went over there that there could be an altercation. The car continues to return. Any advice? Allowing the car to park there isn't an option I am willing to entertain.

[Atocep]

Is calling the police an option? If the cops decide to have it towed then you're not liable for any damages.

[PilotMan]

Call the police is the answer. It's your legal protection.

[CrimsonFox]

Leave a note?

Then have it towed if it keeps happening?

[molson]

Agree with calling the police, at least for this car, since you've already left that note.

If it happens more, with different cars, a no parking sign might help. Some states and city trespass laws require some notice if if it's not obvious that the property is private. The police might be less willing to tow a car in a situation like that, where there was no notice, if the car isn't left there overnight.

Edit: Or, if you don't use that spot for guests all that often, you could put some kind of physical obstacle there.

[CrimsonFox]

oh you left a note. yeah call the cops then

[lungs]

Sugar in the gas tank

[Sweed]

Agree with others. You gave them notice they decided to ignore. Time to let the police sort it out.

[CU Tiger]

I wouldn't waste time with the police. It's illegally parked on your property. Call a tow truck. They will tow it and notify the owner.

[Vince, Pt. II]

Originally Posted by CU Tiger

I wouldn't waste time with the police. It's illegally parked on your property. Call a tow truck. They will tow it and notify the owner.

This is the correct answer. Though I would make sure you have signage of some sort up explaining that the parking spot is private property.

[dubb93]

I just can't imagine anyway that anyone could think it is public parking that would require a sign. The spot doesn't touch a city street, it does touch a city alley and my driveway, but you would have to go several houses into the alley to even realize it is there. It also goes about 10 feet into my property and bits up against my garage and this person pulled all the way up. There is simply no possible way you could mistake it for public city parking. It would be akin to posting a no parking sign on your driveway which I don't think I've even seen in small town Indiana.

[Atocep]

Originally Posted by CU Tiger

I wouldn't waste time with the police. It's illegally parked on your property. Call a tow truck. They will tow it and notify the owner.

The reason I say police is because if the police decide to have it towed then any issues are between the owner and the city. If he calls the towing company himself and there's damage done to the vehicle then he could be sued for the damages.

Even if the police decide not to tow I would give them a call at least once to create a paper trail and show that every attempt was made to resolve the matter before he took upon himself to call the towing company.

[Vince, Pt. II]

Originally Posted by Atocep

The reason I say police is because if the police decide to have it towed then any issues are between the owner and the city. If he calls the towing company himself and there's damage done to the vehicle then he could be sued for the damages.

Even if the police decide not to tow I would give them a call at least once to create a paper trail and show that every attempt was made to resolve the matter before he took upon himself to call the towing company.

Good point, and a solid way to hedge your bets and ensure that there is no issue that you are liable for.

[stevew]

I'd give him one last warning, then tow. Are you positive this is a legal parking spot according to local codes? Cause I'd double check that on your end.

[EagleFan]

Are land mines out of the question?

[RainMaker]

You'd be within your right to have it towed. You left a note which is nice. In Chicago the car would have been towed in minutes.

If you aren't sure, I'd suggest calling the non-emergency number at the police department and explain someone is illegally parking on your property. Ask them what you should do.

[EagleFan]

On a serious note? Does the person parking there have to physically drive through your driveway to get to that spot? Just trying to wrap my head around someone thinking that it is okay to park there.

[Ironhead]

I can't believe we got this far into the thread without this comment:

This thread is useless without pics.

[CU Tiger]

Originally Posted by Atocep

The reason I say police is because if the police decide to have it towed then any issues are between the owner and the city. If he calls the towing company himself and there's damage done to the vehicle then he could be sued for the damages.

Even if the police decide not to tow I would give them a call at least once to create a paper trail and show that every attempt was made to resolve the matter before he took upon himself to call the towing company.

Different strokes for different folks.
I tend to not involve the police in my business. Besides this is clearly a civil matter not a criminal matter, unless you want to press trespass charges and take time off work to go to court.

For me there is no need for police. Forget the gravel. There is an abandon car on your property, and if it isn't removed you may be liable for damages that occur to this car on your property. I'd make sure is removed as quickly as possible.

Now, me?
I'm an asshole confrontationalist. Id take the cores out of all 4 valve stems and leave 4 flat tires with no damage to the car. It would be a huge pain in the ass for him, but there would be no damage to hold against me IF he could prove I did it.

[Chief Rum]

Actually, no, if it is on dubb's actual property, it is not civil alone. That is a criminal trespassing act and probably further than that, depending on how far the law allows you to define it (anywhere from harassment to outright theft).

Get the police involved. And if it keeps happening, work with the police to have it towed.

But also absolutely confirm your property rights as to that piece of your property.

[JonInMiddleGA]

Originally Posted by EagleFan

Are land mines out of the question?

A properly placed claymore is NEVER entirely out of the question.

Impractical in some cases, less than optimal at times ... but never entirely out of the question.

[tarcone]

Potato in the tail pipe

[dubb93]

Originally Posted by EagleFan

On a serious note? Does the person parking there have to physically drive through your driveway to get to that spot? Just trying to wrap my head around someone thinking that it is okay to park there.

No, the gravel starts at the alley and runs the length of my driveway right up to my garage. They could have just turned short of my driveway and stayed in the gravel.

I'd give him one last warning, then tow. Are you positive this is a legal parking spot according to local codes? Cause I'd double check that on your end.

Not really sure what you mean by a legal parking spot. My neighbors two doors down just drives through his yard and pulls right up next to his deck horizontal. At least this is gravel and framed with wood.

Actually, no, if it is on dubb's actual property, it is not civil alone. That is a criminal trespassing act and probably further than that, depending on how far the law allows you to define it (anywhere from harassment to outright theft).

Get the police involved. And if it keeps happening, work with the police to have it towed.

But also absolutely confirm your property rights as to that piece of your property.

I literally drove the wood into the ground to frame it and paid to have the truck haul the gravel in. I also pay for the chemicals to weed the gravel each year. It's within my property line. There is fence that runs most of the length of that property line(although it stops short of the parking space) and this is clearly on my side of it. I don't know how anyone could imagine they have a claim on that spot.

I went outside tonight to consider my options and the car is gone. I'm sure it will be back later, but I'm not waiting up on it.

[CrimsonFox]

Originally Posted by tarcone

Potato in the tail pipe

[stevew]

Originally Posted by dubb93

Not really sure what you mean by a legal parking spot. My neighbors two doors down just drives through his yard and pulls right up next to his deck horizontal. At least this is gravel and framed with wood

Yeah I get all that but i'm just saying are you 100% sure you have the proper distance between the city area and your spot? Sometimes codes are stupid and I wouldn't want to see you involve the authority and then catch a fine for some sort of bullshit abatement violation. You're probably fine, the Midwest isn't usually stupid about stuff like this.

[dubb93]

I eventually called the police and they started knocking on doors. I didn't want it towed without at least talking to the owner first. It was the new neighbor's car. I guess he is just having trouble coming to grips with how little property he has. He said he "figured it was his parking spot." My property has two lots, one lot is standard for the area, while the corner lot just south of me is divided in half. So this guy has a 5 bedroom house on 1/2 of a lot. You can barely fit a push mower on any side of his property between his house and the property line.. He apologized so I guess it's all good now.

[CU Tiger]

Darn....no claymore.
Disappointed.