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Parking on someone's driveway


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If the bike were chained across the primary entrance to the property then I doubt that the law would expect me to remain trapped inside/outside though...

In fact, to take this to an extreme, if I fasten some tape across the entrances to your property, are you obliged to take reasonable steps to find the owner, whilst remaining inside (so you don't damage them)?

If I paint (grafitti) on your house, is it illegal for you to damage the paint which is my property?

 

In the first case I would presume that the bike was intended as a barricade obstructing my rightful exit/entrance therefore I could take all reasonable steps to remove it (cut the chains), so any claims for damage caused as a consequence to me securing my rightful exit would be forfeited.

 

In the second, I would think that persons unknown were again preventing my entrance/exit so I would cut and store the tape with the possibility that the owner might return to collect it. Claims to compensation would be forfeit.

 

In the third, graffiti is illegal anyway but as the author did not leave their name and address I would have to wait a reasonable time in case he or she returned to take back their paint. If they didn't, I would paint it over thereby protecting it in the hope that they might come to collect it some day.

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Is there any legal basis for these assumptions though?

 

Graffiti is criminal damage, leaving a car on your drive is trespass, it's also obstructing your legal access to your own driveway with your car and/or anything else you want to get up or onto the drive. The car owner hasn't left a name or address.

Do you seriously believe that you legally have to wait some length of time before removing graffiti or painting over it?

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Is there any legal basis for these assumptions though?

 

Graffiti is criminal damage, leaving a car on your drive is trespass, it's also obstructing your legal access to your own driveway with your car and/or anything else you want to get up or onto the drive. The car owner hasn't left a name or address.

Do you seriously believe that you legally have to wait some length of time before removing graffiti or painting over it?

 

On the first two, probably. The car case, I'm not certain, but let's say that emergency medical equipment or stretcher was needed to access the front door and the car needed to be moved then I don't think the owner would have a strong case to claim any consequent damage that was caused to effect its removal.

 

Graffiti -no, I'm not serious about your graffiti, hope its artistic :)

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If it was parked on my drive, on my land that I had worked 30 years for, I think a length of stout rope round my towbar, connected to the offending vehicle would solve the problem. 4 wheel drive selected and off we go. Job done.

 

Angel1.

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