Eh, as someone who runs a lot of commercial and residential properties, you can really deal with a lot of nonsense if you don’t kinda stake out your property rights. It’s much better to establish where the boundaries are and what is or isn’t permissible use right away, and then enforce it, or you could eventually have problems down the road.
In my experience with tow companies (which is fairly extensive), having a vehicle towed off of your property never requires anything more than a call to the tow company, the police do not need to be involved. Police do need to be contacted first if you are looking to have a vehicle towed off of public property, e.g. if someone blocks your car into your driveway they are technically on the city street. Every municipality I’ve ever dealt with has ordinances against blocking residential driveways and tend to tow immediately when homeowner’s call in those situations.
Some cities I’m familiar with even ticket for blocking driveways proactively, so it’s not at all unusual for people to block their own driveway (due to being short on space and figuring hey, it’s my driveway), technically this is in violation of the driveway blocking ordinance even if it’s your driveway. But most of the time the municipal court will waive the ticket if you go in and explain you were blocking your own driveway (my understanding is that’s actually a courtesy, these ordinances usually don’t make specific exemptions.)
Something a lot of people may not know is that in many place (I don’t know if it’s universal) a tow company has to file a notification with the police within 30 minutes to 1 hour of towing any vehicle. That vehicle will now be on file with the police as having been towed. If you ever come back to where you parked and your car is gone, and you think you may have been parking on private property and been towed, if you don’t see any signage indicating what towing company the parking spot uses, call the local PD–they often can tell you which company towed you.
We live in the country, on many acres. Our land is all posted NO TRESPASSING and I totally understand the OP being concerned about someone parking on his property. I walk in our woods all the time and would be concerned if I encountered anyone.
I’d post a standard private property/no trespassing sign, but once suitably posted I would have any violator towed without warning.
I actually have a lot of wooded and rural acreage and to be honest philosophically I have no real issue with letting people on it to use for various things (even including hunting, as long as I knew before hand), but sadly mine is all posted with No Trespass and Posted signs as well. The unfortunate reality is if you don’t do this people seriously take advantage of it.
It’s a paved area not on the street. It has a log or something at the end to indicate the end of the parking area. It’s surrounded by groomed shrubs, and bordered by concrete wall and fence.
I’m also guessing here, but it appears to be in a fairly nice neighborhood, where you do not regularly see vacant lots.
A few years ago a guy approached and asked us about hunting on our property during deer season. We discussed it and eventually told him we’d allow it, if he’d take the gut pile with him (carry it out in trash bags). Our concern was that our dogs roam our woods, would eat from the pile, then come home and vomit in our house.
Deer season came, he got a deer, left the guts, and our dogs feasted. One dog vomited, so we knew. He realized afterwards that he’d forgotten the gut-pile in his excitement over getting his first deer ever. He called to apologize. I told him to keep his fucking apology, he’d ruined it for any future hunting on our property.
This past bow season someone shot and killed a fawn with an arrow.
I had to clean up vomited deer guts from our home carpet, then steam clean the area several times, after telling him how important it was for him to take the guts with him. Fuck his apology sideways.
My guess is he assumed the viscera would just decay away and he’d never be found out for leaving it, because it would be kind of annoying to get rid of. I’m a hunter and if I was hunting on someone else’s property like that my play would be to have a Hefty contractor’s bag with me, and if I got a deer I’d just bag the guts up in that and cinch it tight, those bags can easily handle the weight and they aren’t prone to leaking. I’m not 100% sure where I’d dispose of it at, probably the nearest dumpster.
Yeah, my living/property situation is nothing like that, but I’d be pretty pissed, too, as laid-back as I tend to be. I personally think the guy was full of shit, anyway. How hard is it to remember the ONE condition you were given in order to secure permission to use the property? Fuck that.
IANAL, but I believe letting people freely park on your property for long enough has the potential to create a legal easement/right of way. This could potentially remove your right to ever stop people from parking there, while opening you up to liability for various torts.
I don’t agree. It looks like a private parking space to me, or at least sufficiently likely to be one that I wouldn’t assume it was “free parking” just for my benefit. The “mean” part here is someone just assuming that they can appropriate it for their own use just because it’s been observed to be empty when the rightful owner may in fact need it for occasional or seasonal use, such as for guest parking or to park a trailered boat or RV. As for “letting people use it for free”, in many jurisdictions allowing public access to private property for a sufficient length of time can create an implied easement.
The only small mitigating factor here is that there are no posted signs, which is why I and others have suggested that the OP put up “Private Property” or “No Parking” signs.
This is beyond ridiculous. Sometimes emergencies happen in life and I may need to leave in a hurry. I’m not going to go wandering up and down the street to find the schmuck who’s blocking my driveway in the middle of an emergency. Nor am I going to be inclined to do it in ordinary everyday situations. The whole point of having a car is to have freedom of movement. For those reasons, I always keep my car in good operating condition with plenty of gas, with a portable battery booster in case of battery failure, and have a reliable plowing service keep my driveway clear in winter. If someone blocks my driveway they’re going to be towed, without delay.
Ascenray, no criticism intended, I’m just curious. Do you own a house? Property?
And I’m w/ kayaker 100%. This idiot was enjoying something of considerable value, with 1 clear requirement. He remembered to gut/field dress the deer, and haul himself, the deer, and his gear out of there. But the ONLY thing he forgot in his “excitement”? Sure, an apology is generally nice, but it often is not sufficient.
I could see that pic either being a private parking spot or a cut made for a roadway which was never completed. Especially since it looks like the pavement is the same pavement as the roadway. The fact that there’s a tree at the end doesn’t necessarily mean anything since the cutout could have been made by the developer years ago. That tree could have grown since then or was there at the time. It doesn’t have a definitive “private property” appearance to me. Since pretty much anyone can drive down the road and will make their own interpretation, putting up those signs you got sounds like the best way to deal with this so it’s clear to everyone.
One thing I often see happen with those kinds of uncompleted road cutouts around here is they become dumping grounds. People dump stuff like furniture, lawn clippings, construction waste, etc. Signs alone won’t prevent that. If you really want to make it clear and prevent any issues like that, put a chain across the spot secured with a lock.
This is a very important point, and I was hoping that one of the lawyers of the Dope would weigh in on this.
IANAL either, but I have some personal experience with this. I used to be on the board of a nonprofit organization which owned some property that sat idle for long periods. An owner of an adjacent lot built a gravel driveway across our property, evidently to get access to a nearby road. Our attorney introduced us to the concept of “prescriptive easement,” and explained that if we didn’t act promptly to stop the neighbor’s use of of our land, we might never be able to stop it.
I’m not suggesting that squeegee should start towing people without warning; he did the right thing with that sticky note, and adding some signage would be helpful. But the idea that he should be nice and host a public parking area is ill-advised.