How best to remove a car that is illegally parked on my property?
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How best to remove a car that is illegally parked on my property?
I have a vacant lot on which I started construction. My neighbor parks his 2 cars on my property and blocks access. The police asked him to remove the cars but he refused. The police cannot tow cars from private property. Since I have bobcat (small tractor) I can tie a sling to his car and tow it away a few yards. Would I be liable for any damage caused? The police officer said that I am allowed to call a towing service and remove his car at will without notifying them. However another officer told me (on a different occasion) that if I touch his car I will be arrested. What can I do?
Asked on June 3, 2011 under Real Estate Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Technically what is happening is known as trespass. He is trespassing on your property. I would listen t the officer who said not to tough his cars yourself. If you do damage to them then you could be sued. But you could have the cars towed buy a towing company. I would first notify the neighbor in writing by certified mail return receipt requested and a copy by mail with a certificate of mailing (so two copies of the same letter mailed in two different ways) advising that if he does not remove the cars within x number of days from receipt of the letter (and I would do 10 days at least) then you will be having the cars towed at his expense. Good luck.
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