Real Estate Law
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Thanks for your question.
Your property is your property, and anyone who parks on it without your permission is trespassing. Trespassing is a civil tort, and it is a crime, if the proper grounds are set.
Most cities and counties require a sign be posted informing trespassers that they are not permitted to park on your property. Without the sign, there is no notice, and therefore no crime. Signs usually state the municipal code, permitting you to tow. It sounds as though you have tried posting signs, to no avail.
It is important that the signs conform.
If you let me know your city and county, I will see what I can find for you.
Also, verbal threats are grounds for a restraining order. That would accomplish your purpose, as well.
It is possible you may need to resort to court action against the management company intruding on your land.
It sounds as though you have causes of action for declaratory and injunctive relief. The court can enjoin the others from trespassing on your property. If they park on your property after the court order, they will be in contempt of court and the penalties will be very high.
Those penalties are paid to you.
The same action against the management company should include a cause of action for trespass. These people are trespassing on your property and to the judge will hold them accountable. Perhaps the court will order the management company to pay you damages in the amount it would've cost them to rent the spot from you all of these years. This of course would be in addition to the injunction prohibiting them from ever parking there again.
My city is Woonsocket, RI and the county is Providence County
Thanks for the additional information. I'll take a look for specific code information for you. In the meantime, please review the remainder of my response. It contains some different options to solve your problem.
Still checking the codes. Woonsocket is beautiful.
Thank you. I am looking forward to your response. I truly appreciate your time.
My pleasure. Glad to help.
There does not seem to be anything specific in the codes. So, if you want to prevent the intrusion, you would need to get a court judgment or order as addressed above.
You are entitled to prevent others from trespassing on your property. I see no reason your objective would not be accomplished in a court of law. As discussed the court can issue the injunction and order the offending parties to pay you damages. Punitive damages are also available, because the trespass is intentional. Punitive damages are designed to deter, and tend to be rather pricey for the offender.
You would not need to sue every unidentified driver who parked on your property. Suing the rental management company who permits persons to park there should suffice.
I hope this information helps. If you need additional information or clarification, please let me know and I will continue to provide assistance. If this response has helped point you in a positive direction, please let me know that, as well.
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All the best,
-- Attorney 1
Is there anything else I can do for you this morning? I'm here to help.
No, I don't think there is anything else at this time. I am just glad to get affirmation that there is an injustice being done that I can do something about. It is unfortunate that reason and respect cannot solve the issue. Thank you for your time and your suggestions!
You are most welcome. Best of luck to you!
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