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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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my neighbors car parking in the street is just enough to be

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my neighbor's car parking in the street is just enough to be close to my driveway that I
have to be VERY careful when pulling out.

When this happened before I saw the wife and called across the street to would you please move your car up? She did.

The next time, months later, the car again was parked the same way. I taped a sheet of printout paper saying something about the car being close to my driveway when I pull out. Don't remember the wording anymore.

The neighbor husband came over and we discussed it and he said blah blah because they parked it where it was, but would do better.

They did.

Then a year or so later, this month, there was the car again for off and on a few weeks.

The car does not block my driveway. I have to make that clear.

But when I back our or anyone else who is in my driveway, it's very close in order not to
hit the car.

So, this time, I, again taped two messages on the car windows saying. "This was your lucky day, I didn't back into your car."

The neighbor returned one of the papers and printed on the back that it was illegal to tape messages on a car and he called a policeman and was told that it was harassament and the neighbor said if this happened again he would file charges against me for harassament.

Well, two days later, I went over to the neighbors and we seemed to work this out as our driveways are closer from side to side than others. They do have a two car garage, but parking on the street is legal in our subdivision but the other driveways are further apart across the street than the neighbors and mine.

We have hopefully worked this out, but also because I printed out the message in large
bold print, he did tell me that on the internet this was "yelling" to which my reply was, no it was so you could see it.

I am 75, he and wife are in the 20's maybe 30's.

My question is, was he right? Could he really file charges against me for harassament?

Thank you for your question. Please permit me to assist you with your concerns.

The answer I will provide you might not be the one that you were hoping on hearing, so kindly do not blame the proverbial messenger. Technically your neighbor is correct as this behavior does potentially appear to be a claim for harassment. Here is why:

You mentioned that the vehicle does not block your driveway. Tht means that the vehicle is not trespassing or is not otherwise illegally parked. A tight squeeze is still legal and permissible, which would mean that the neighbor is not violating any property laws and he is not violating the municipality laws if he is parking in a legal spot (or at least a spot that is not designated as being off-limits). Since he is not in violation, your approach to his vehicle and your physical interference with his car (by placing taped signs), is technically interfering with his physical property since you have no inherent right to even touch his car. It is his car, after all. Furthermore, placing a statement akin to stating that you did not hit his car may be taken as a threat that you may choose to back into his vehicle next time, something that would grant him the right to claim that you are harassing him since he is not doing anything wrong from a legal perspective. Using typed words is considered shouting online, but it is not the same for signed documents that you physically create--so that is a non-issue. Even if yelling, the issue is the sign itself, not the tone of the sign.

Hopefully that clarifies, and please let me now if I can assist in any other way.

Good luck.

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