I own a road facing hotel. Next to my hotel there is another hotel which has a swimming pool where they conduct swimming classes. The parking space for that hotel is around 200 metres away. So instead of parking in that hotel, the customers are parking their cars on the road infront of my hotel. And some brave people come and park their vehicles on my hotel property. I have asked them to move their vehicles, but they refuse to move them. So everyday these cars are parked on my property for 4 hours My hotel is road facing, so putting a fence is not an option. 1) What right does the public have, to park on my property? 2) How do I prosecute the trespassers ?
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1) you cannot restrain any members of public from parking cars on the road
2) however in your hotel property your security guards can prevent members of public from parking their cars as it is available for hotel residents and guests of your hotel
3) you can have placard places that parking in hotel property is only for hotel residents and guests
If it's your private property they can't park their without your permission. If the same is municipal land then you can't object them as they pay road tax. If the same is private property you can file a police complaint or tow the vehicle being in no parking zone
1. Public cannot park their vehicles on your private property. You can simply put a board on the premises in bold letters that rights for parking is reserved for residents and guests only. Other vehicles would be towed. However, nothing can be done to prevent them from parking their vehicles on the road as it is a public area.
2. Inform the traffic authorities, wherein the offending vehicles would he towed.
File a case for trespass and nuisance
1. ONLY bonafide /probable customers are entitled to Parking "within" your hotel premises. Likewise you are entitled to put "wheel clamps" on illegally parked vehicles inside private property. This will atleast curtail nuisance inside your property. Criminal cases like trespassing & intimidation etc.... can be filed, BUT this would not yield any direct benefit to you.
2. IF road outside your Hotel is a Public road (as per municipal records), THEN "anybody" is entitled to park their vehicles, IF it is a parking zone. Request the RTO & Municipal authorities to make the road as "no parking zone". AFTER this anybody parks, THEN simply call Police /RTO for towing away the parked vehicles. There is no alternative remedy in your favor on this, to the exception of indirectly engaging a local street ruffian to deflate tyres of such nuisance parked vehicles.
Keep Smiling .... Hemant Agarwal
At least there should be some boundary, so that public and private property can be differentiated. Without boundary, your land initial point cannot be ascertain, so trespass shal be unintended - no mens rea - hence no criminal act committed.
Against wrong parking you can call the police, police will torch the cars from no parking. Since, visitors are random, no direction from court possible.
First solution and best solution is fencing.
1. See it's your private property and you have right.to.refuse you can appoint a guard and put lock if they are illegaly parking , you may also put a board mentioning fine on same.
2.you can lock vehicle and put fine on same.
1. . You have no control of parking over the public place or on any other property which does not belong to you.
2. However you have every right to refuse to allow entry of other car owners who are not coming to you hotel.
3. So the parking space owned by you can be enclosed by wall and secured by a guard who can man the entry of outsiders' vehicles.
4. Yes, you have both civil and criminal remedy against the trespassers.
1. You can engage a security to drive away the persons who are parking their vehicles in your property.
If there is an altercation or quarrel, then you can call the police to solve the problem and also to take action against the intruders.
2. You have to lodge a criminal complaint against the trespassers with the police for initiating legal action against them.
Legally, it is not open to a property owner to claim that he has exclusive dominion on the portion of road in front of his property. A road is a public property which belongs to all and can be enjoyed by all subject to the reasonable restrictions laid down under the law. Hence, you cannot claim a preferential right to park vehicles on the part of road in front of your hotel. fix no parking zone sign or you can place security guard to stop them.
Public cannot park the vehicle on your property without your consent.
You should put a board for charging parking fees if someone wish to park their car in your property or in front of your hotel.
You can make complaint to traffic department for illegal parking of vehicle in no parking zone in front of your hotel.
