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Is it illegal for someone to turn around in your driveway?
Anonymous3 views3 answers
Good question. It is good enough to be on a bar or law school exam.
1.) In the simple and straightforward definition of a trespass, a tort has been committed and in a civil lawsuit there is the possibility of recovery for damages.
2.) What is the amount of your damages?
3.) This might also meet the definition of a nuisance, and for that there is the possibility of recovering for civil damages.
4.) In Texas, before the criminal law applies to persons that commit a trespass there has to be some notice that they're committing a trespass on what is usually an open public access area.
5.) In the event the annoying people are regular offenders and can be identified it is possible to get an injunction ordering them to not commit the continuing trespass when the case is brought in the proper court with jurisdiction to make such an order.
6.) Depending on the facts and applicable law, other claims may be asserted.
But notice, no matter what you do there are legal aspects to what you do, and to get counsel for your specific situation you will get more benefit from your own lawyer as it is difficult to glean anything correctly on line with a few facts from strangers.
Note also, I am not yet agreeing to be your lawyer going forward on this matter and am making assumptions here. I am easy enough to find for consultation or referral. I want you to get counsel from the best attorney you can get.
Good question. It is good enough to be on a bar or law school exam.
1.) In the simple and straightforward definition of a trespass, a tort has been committed and in a civil lawsuit there is the possibility of recovery for damages.
2.) What is the amount of your damages?
3.) This might also meet the definition of a nuisance, and for that there is the possibility of recovering for civil damages.
4.) In Texas, before the criminal law applies to persons that commit a trespass there has to be some notice that they're committing a trespass on what is usually an open public access area.
5.) In the event the annoying people are regular offenders and can be identified it is possible to get an injunction ordering them to not commit the continuing trespass when the case is brought in the proper court with jurisdiction to make such an order.
6.) Depending on the facts and applicable law, other claims may be asserted.
But notice, no matter what you do there are legal aspects to what you do, and to get counsel for your specific situation you will get more benefit from your own lawyer as it is difficult to glean anything correctly on line with a few facts from strangers.
Note also, I am not yet agreeing to be your lawyer going forward on this matter and am making assumptions here. I am easy enough to find for consultation or referral. I want you to get counsel from the best attorney you can get.
Generally it's not going to be illegal. If you know the person doing it you can politely ask them to use another neighbor's driveway. Unless they are using your driveway to commit a felony drug sale the police are generally not going to be that interested in the matter. You might want to look into one of those remote entry driveway gates if your HOA/deed restrictions allow it.
