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  #1  
Old 04-01-2002, 09:41 PM
Superflex
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Neighbor parking in front of my curb


I live in a cul de sac, and my neighbor persistently parks his cars and trucks on the curb in front of my house. This blocks the view of my front yard. I would like to know if he can legally do so and if not where should I go for assistance. My neighborhood does not have an association to enforce rules. Thanks for any advice.
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  #2  
Old 04-01-2002, 09:53 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,192

Re: Neighbor parking in front of my curb


Quote:
Originally posted by Superflex
I live in a cul de sac, and my neighbor persistently parks his cars and trucks on the curb in front of my house. This blocks the view of my front yard. I would like to know if he can legally do so and if not where should I go for assistance. My neighborhood does not have an association to enforce rules. Thanks for any advice.
My response:

None of us can help you with any specifics. We might be able to give you generalities, but that and a dime won't buy you a cup of coffee.

Just like you trying to, perhaps, enforce some sort of rules on your neighbor, I must enforce the "rules" and instructions of this board. Please read them.

IAAL
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  #3  
Old 04-02-2002, 02:07 AM
mw1406
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A couple of things,

1. Even if you had a homeowners association enforcing deed restrictions they could not enforce laws on a public roadway.

2. Are the roadways in your subdivision dedicated to the county you live in therefore making them a "public roadway" subjecting them to traffic laws in your state? If they are dedicated and considered public roadways then the you have no more right to the curb or roadway than any of your neighbors or anyone for that matter. About the only thing you can do is attempt to find out what the laws are in your state in relation to parking a vehicle on a public roadway. If there are any infractions i.e. facing the wrong direction, not parked within 18 inches of a curb, or obstructing a driveway then you can call your local law enforcement and request that they respond for a "traffic hazzard" or an "illegally parked vehicle" or whatever applies.

Unfortunately for you, obstructing the veiw to your lawn is not going to be a violation as the roads are for the public parking.

That means that an old purple 1968, rusted, falling apart piece of crap can hobble up in front of your "Yard of the month" landscaping and leave it there. But, if it stays too long it can be considered an abandoned vehicle.
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  #4  
Old 04-02-2002, 02:15 AM
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Location: Los Angeles, California
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Quote:
Originally posted by mw1406
A couple of things,

1. Even if you had a homeowners association enforcing deed restrictions they could not enforce laws on a public roadway.

2. Are the roadways in your subdivision dedicated to the county you live in therefore making them a "public roadway" subjecting them to traffic laws in your state? If they are dedicated and considered public roadways then the you have no more right to the curb or roadway than any of your neighbors or anyone for that matter. About the only thing you can do is attempt to find out what the laws are in your state in relation to parking a vehicle on a public roadway. If there are any infractions i.e. facing the wrong direction, not parked within 18 inches of a curb, or obstructing a driveway then you can call your local law enforcement and request that they respond for a "traffic hazzard" or an "illegally parked vehicle" or whatever applies.

Unfortunately for you, obstructing the veiw to your lawn is not going to be a violation as the roads are for the public parking.

That means that an old purple 1968, rusted, falling apart piece of crap can hobble up in front of your "Yard of the month" landscaping and leave it there. But, if it stays too long it can be considered an abandoned vehicle.
My response:

This all sounds wonderful, and logical. But, how do you know this applies to our writer? How do you know whether any of it applies? What, and where, are the laws that you are "pulling" these conclusions from? You may, in fact, be entirely correct - - or completely wrong - - but we can't know this without our writer giving us the proper information.

While I applaud you for giving our writer what appears to be a "logical" response, it is only a "generality" at this point, and may be of no value to our writer - - which is the reason why I asked our writer to follow the board / forum instructions.

IAAL
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  #5  
Old 04-02-2002, 04:50 AM
Vincent Cosent
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Where I live we dont worry about such nonsense


That must be some fine grass in your yard.
I would suggest putting a sign near the curb that says please dont block the view.
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  #6  
Old 04-03-2002, 11:59 PM
mw1406
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IAAL,

I apologize if my response to a writer's general question created a problem here. I usually take a optimistic approach in replying to a person's response even when the writer is limited with the information or simply lacks the communication skills to get his/her point across clearly. In this case I felt I knew what the person was asking for so I just provided the information necessary to get him/her heading in the right direction.

Having said that, I'd like to point out a few things in my reply that refer to how I was providing general information and was in no way claiming the information would apply in the jurisdiction of the writer since the writer's location was unbeknownst me.

Quote:
This all sounds wonderful, and logical. But, how do you know this applies to our writer? How do you know whether any of it applies?
If you notice, I addressed the writer's general question with a general answer consisting helpful tips for him/her to pursue.

For example:

"Are the roadways in your subdivision dedicated to the county you live in therefore making them a "public roadway" subjecting them to traffic laws in your state?"

"About the only thing you can do is attempt to find out what the laws are in your state in relation to parking a vehicle on a public roadway."

"If there are any infractions i.e. facing the wrong direction, not parked within 18 inches of a curb, or obstructing a driveway then you can call your local law enforcement and request that they respond for a "traffic hazzard" or an "illegally parked vehicle" or whatever applies."

Once again I apologize if my attempt to assist this person caused you a problem as you seem to have the posture of a moderator with very little tolerance. If my presumption is in error, I again apologize.
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  #7  
Old 04-04-2002, 12:39 AM
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Location: Los Angeles, California
Posts: 38,192
My response:

You missed my entire point, and decided it was better to get "bent out of shape."

I asked you a simple question. How do you know that your information applies to our writer?

Perhaps our writer lives on a dirt road, high up in the mountains of Kentucky, where there are only three homes. Or, perhaps, our writer lives in a large, urban city, where houses are stacked on top of each other, and parking is at a premium.

Like I said, and because our writer failed to follow instructions, how do you know that your generalized points even fit our writer's actual circumstances?

Not that it's likely, but perhaps, your information did more harm than good.

So, stop getting snippy and defensive with me.

IAAL
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  #8  
Old 04-04-2002, 01:22 AM
mw1406
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"bent out of shape" hahaha.....

Yeah man....I'm "bent out of shape"

I won't digress any further as it seems you have chosen to debate trivial details of this conversaton rather than concentrate on the subject matter of this topic. I feel that I have presented the original poster with a helpful course of direction, although general it may be, and I'm sure it has informed several persons even though the writer is in blatant violation of the forum "rules" and instructions .

No hard feelings on this end and I assure you I am not "bent out of shape". I did, however, find it humorous that you concluded I was from my last reply to you.

On another note and for my future reference, are you a moderator here? I only ask because you said "I must enforce the "rules" and instructions of this board". *shrugs*

Have a good one..
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  #9  
Old 04-04-2002, 01:33 AM
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Join Date: Dec 2001
Posts: 4,338
In my neighborhood, which is a cul de sac, we would just say 'hi neighbor, are you having a hard time finding a place to park? I worked really hard on my yard, and I like to see it from the highway as I turn in, and I can't enjoy the view--can I help you find another place to park?"
And, if he said, 'you know where you can kiss it'--then, we'd call the county DOT, and tell them someone is parking on their 5 feet right-of way in front of our home and we'd like it stopped.
But, in my neighborhood, someone would come up with a place for those extra cars, because we all like each other, alot, which is neat since we are a mixed bag of nuts, right here in Dixie.
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  #10  
Old 04-04-2002, 09:20 AM
Vincent Cosent
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mw1406


I agree with you. I found your answer to be logical and constructive and wish others would refrain from nit-picking.
You have just as much right to give advice as anyone else.
And people posting questions can only expect answers to be as complete as the info they provide.
I thank all posters for giving their time to try and help others.
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