My neighbor keep parking his car after we have told her numerous times not to park it there.Is there a law on which i can base myself to describer her wrong doing? Is it trespassing? what is it?
2006-11-20 06:38:45 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
call the cops
2006-11-21 01:50:41 · answer #1 · answered by Anonymous · 0⤊ 1⤋
It depends on how you want to construe it. It could be construes as trespassing. It could also be construed that by putting his car on your property your neighbor has made a gift of his car to you ( please note a judge may be reluctant to agree with this interpretation but it makes sense, and you might consider making this argument!!! )The other thing that could be happening is that your neighbor is tying to gain title to part ( where the car is parked) or all of your property in that lot. This is called adverse possession and laws vary from state to state regarding the technicalities. You should consult an attorney for advice on the technicalities. I am not an attorney but have had occasion to study this problem you have in the past!!!!
2006-11-20 06:53:43 · answer #2 · answered by David M 5 · 1⤊ 0⤋
Serve him/her with a written trespass notice (in Ontario it is the Trespass to property Act) either in person or by registered mail, indicating that he could be charged with trespassing the next time he/she is seen on the property and that the car will be towed. Make sure that the property is indeed yours or you will end up with a tow bill.
2006-11-20 06:51:09 · answer #3 · answered by joeanonymous 6 · 1⤊ 0⤋
It is termed Malicious trespass.
One phone call to the local police department to inform them an auto is illegally parked on your property.
They will come out, issue a citation, and have the vehicle towed and your non obliging neighbor will be paying a fine plus towing charges along with a court appearance.
With the police dept involved, you do not have to provide proof of anything, except point out where your property line is.
At your discretion, you may also opt to take her to court and sue for malicious trespass, punitive damages, plus court costs and attorney fees.
I have a feeling she will have a totally new respect for honoring your requests in the future.
If she confronts you, politely say, " We tried asking you numerous times in a nice way and perhaps now you will take us seriously."
The above will cure hardheadedness every time.
Darryl S.
2006-11-20 07:00:19 · answer #4 · answered by Stingray 5 · 0⤊ 0⤋
You can have the car towed. Especially if you have a sign that says "No Parking" or "No Trespassing". By law, her car is considered an encroachment on your property and it is considered trespassing.
2006-11-20 06:48:20 · answer #5 · answered by Anonymous · 3⤊ 0⤋
Yes it is trespassing. You need to get a pic of her parking there with documented proof of it. Take a pic of it with that days newspaper on it. If your camera has the date on it they won't take that in court because it can be changed. I have had the same problem. I finally just started having the car towed because it was on my property.
2006-11-20 06:47:09 · answer #6 · answered by Donna 6 · 2⤊ 0⤋
Definetly trespassing. If it's private property then she is trespassing everytime she drives onto your property, even if it is just to park. You could have it towed too. It's your land.
2006-11-20 06:46:45 · answer #7 · answered by Cy 5 · 3⤊ 0⤋
If she is truely parking on your property it could be taken care of quickly. It's just according to how much you like your neighbor?? You'll still have to live beside them...even after you piss them off. A call to the local police department could probally straighten things out quickly. It'll be messy, but it might just solve your problem. Don't threaten calling the cops....that'll piss her off just as much as calling them would. So if your going to do it....no threats...do it right the first time.
2006-11-20 06:51:12 · answer #8 · answered by 10 Point 2 · 1⤊ 0⤋
Yes this would be trespassing...have you though about putting up a six inch fence type thing between the two yards...then if they destroy that it is also destruction of property!!
2006-11-20 06:43:39 · answer #9 · answered by AzMom 2 · 4⤊ 0⤋
Yes. It is trespassing. Tell her you will have the police tow it away if it happens again. Then do it.
2006-11-20 06:46:52 · answer #10 · answered by notyou311 7 · 3⤊ 0⤋
Trespassing would cover it since you have all ready asked her not to.
Next time, call and get it towed away.
2006-11-20 06:41:56 · answer #11 · answered by wildbill05733 6 · 6⤊ 0⤋