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Private Road - Right of Way

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newguyinOregon

Junior Member
What is the name of your state? Oregon

I live in a residental area, with homes/apartments lining a private street. The street is not marked private and there no parking restrictions on either side of the street (except the basics for driveways and hydrants).

Question, does the landower have any rights to prohibit (or tow) individuals who are parking in accordance with posted signs?
 


justalayman

Senior Member
What is the name of your state? Oregon

I live in a residental area, with homes/apartments lining a private street. The street is not marked private and there no parking restrictions on either side of the street (except the basics for driveways and hydrants).

Question, does the landower have any rights to prohibit (or tow) individuals who are parking in accordance with posted signs?
how do you know it is private?

If the street is private, I have to guess this is an apartment complex or such and as such, the owner would have rules in place regarding the rules of the road.
 

newguyinOregon

Junior Member
found out

there are 3 seperate complexes ... one at the very end of the road with a complex on either side (these two are across the street from each other).

I was pulling out of my complex and had some smoke under the hood, so I just pulled out of the driveway and parked on the street, popped the hood to see what was going on. 5 mins later this guy came over, he wasnt loud, but he was upset. he was saying i cant fix a car in the street. he owns the building across the street and the land the street is on. i told him i live on this street, i'm having an auto emergency, and troubleshooting the situation (i know a little about cars). he left but was very unhappy with me. i left 15 mins later (i looked into it and its not illegal to conduct emergency repairs on a public street).

I have my own off street parking spot at my building, but I occassionly will park on the street to let a guest take my spot. people just arent neighborly anymore. i'm not a confrontation person, and i have it in the back of my mind that he's going to give me a hard time if i park on the street in the future... if it is a private road.is this a question for the parking authority?

can the landowner take action against me (Tow) if I the street signs say otherwise?
 

justalayman

Senior Member
if it is private property, you would be bound by the rules put in place by the owner. If a car is treated in opposition of a posted rule, you should be able to prevail in a suit to seek damages.

If it is a public street, the laws of the state of locality will rule. An individual cannot take action against a car owner in such a situation.

there is a world of difference between parking, repairing, and an emergency repair.
 

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