Social Question

sammibabi6's avatar

What are the laws on private property ?

Asked by sammibabi6 (150points) January 27th, 2010

My neighbor parks in between our buildings because there is a little driveway. I rent where I live and where she parks is not her property because she “rents” as well even though she really doesn’t pay rent or property taxes which is illegal. . . But if I park behind her and she is blocked, is she allowed to call the cops and have me move my car even though it is not her property and the landlord who owns the property was not there to say anything about the parking ? Is that legal ?

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26 Answers

Spinel's avatar

Neither of you own the property, so neither of you can really “claim” certain areas as parking spots. Only the landlord has authority to do such. You blocking her with your car falls under a different class of laws.

sammibabi6's avatar

I also only block her because I don’t have a parking spot because her son and daughter in law park in my spot and I text my landlord saying I will move when there is a spot available and she doesn’t have to go anywhere.

sammibabi6's avatar

@Spinel I understand that, that is why i was wondering if the cop is allowed to yell at me for blocking her in. Also the cop is her friend. . .

Spinel's avatar

@sammibabi6 Yeah, the cop has the green light here. You were “harassing” her by parking your care and blocking her in. The action itself can be fined.

However, that doesn’t give this shady cop the right to yell…

La_chica_gomela's avatar

What state are you in?? People on fluther need to understand that whenever you ask a question about the legal system, the answer is dependent entirely on what state and country you’re located in. Without that information, you will not get an answer to your question. All you’ll get is speculation and people pulling opinions out of their butts.

sammibabi6's avatar

@Spinel I’m just having a hard time understanding how the cop has the green light when its not her property. Wouldn’t our landlord have to be the one to call the cops or be present when the cop was there ? Because I know by law if someone would be in an accident in like a wal-mart parking lot, the owner of the property has to be there.

sammibabi6's avatar

I’m not trying to argue, i’m just trying to figure out why she would be allowed to call the cops if its not her property.

sammibabi6's avatar

if i would call the cops on her, it would be her cop friend that would come over and nothing would be done because he’s friends with her. . .

Spinel's avatar

The property detail isn’t the main course. Your action was committed against her, and was not land related, so the fact that it wasn’t on her property takes the back seat.

However, since the cop’s motives are questionable, maybe you could appeal at the station? The friendship factor wouldn’t stand in court.

sammibabi6's avatar

@Spinel Thank you for explaining that to me

DrBill's avatar

Last year I had a similar problem, (police not enforcing law due to friendship)

I called the locals, they responded, refused to tack action. I got the officers badge number and called the state police and reported the city officer refused to enforce due to friendship with the perpetrator.

State enforced the law, and charged the local officer with obstruction of justice.

Darwin's avatar

Have you talked to the landlord? If, as you say, her son and DIL park in “your” spot, I would assume that the landlord has assigned the spots. If so, then the landlord needs to enforce who parks where.

However, if “your” spot is simply the spot you consider yours but your landlord has not assigned parking to anyone, then all you can do is park where you can legally that does not block anyone in.

sammibabi6's avatar

@Darwin i have talked to the landlord, but since this is his wife’s sister, he does not want to get involved even though that is his job whether he is family or not right

sammibabi6's avatar

no there are no assigned parking, they just don’t respect that all i want is a parking spot when i get home from work

sammibabi6's avatar

that is all is ask is for a parking spot

beancrisp's avatar

Your neighbor is a evil bitch.

sammibabi6's avatar

@beancrisp haha yup you got that right !!!! :)

Darwin's avatar

If there is no assigned parking, then you are out of luck. Park where you can, but do not block anyone in.

Perhaps you might consider moving when your lease is up, possibly to a place that does actually have assigned parking. It sounds as if you are not happy there.

sammibabi6's avatar

@Darwin my bf and i are moving as soon as we find a place, where we live now is month to month and our landlord works with my bf. . .

galileogirl's avatar

This kind of thing is strictly for the landlord to decide. What it sounds like is you all are playing a game of rudeness tit for tat. When you have tandem parking the only polite thing to do is be ready to move your car when a neighbor needs to get out. Living in an atmosphere of constant anger and calling the cops must be hell. What are you getting out of it that prevents you from bringing it to a stop?

sammibabi6's avatar

@galileogirl Im not getting anything out of it. and i would move my car if she asks. but like i said i texted the landlord saying i would move my car when her son leaves and he moved his car before he called the cops to make it look like there was a parking spot that i could have taken instead of blocking her in

galileogirl's avatar

I will when she does is tit for tat. What is wrong with actually speaking to your landlord so at least you know you have his attention.

sammibabi6's avatar

@galileogirl I’ve made it very clear to my landlord and he always says i will try my best but he’s really saying he doesn’t want to get involve

Darwin's avatar

I still suggest you either move or park where you can legally.

Or if you are into that sort of thing, go on Judge Judy and sue him.

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