Help w/ Tresspassers (lawyer, agents, real estate, work)

[theroc5156]

I give you credit for not harming their property after they intentionally backed into your car. I would have, but I have an Irish temper. Good luck, and I would be interested in seeing how this turns out.

[aaauger]

For the time being, we're posting Texas-compliant towing signs. In the next few months, we'll have the property surveyed (great advice from Emily) and erect a fence (something sturdy, like wrought iron). To be safe, we confirmed the maximum fence height w/o a permit - 8 ft. in Austin for non-masonry, according to the zoning department.

The tresspassing tenants anticipated the fence and called the Austin Fire Department, claiming that we'd block our fire lane. Nice of them to be so concerned about us. ;-) So we got a visit from the Fire Marshall - who said we will be fine. He noted that firetrucks could even access our property from the back side since the trucks have a fair amount of reach.

We're also discussing installing video cameras. Wrecking companies have warned us to expect retaliation. Based on initial research, it looks like a server, software and 6 Swann exterior cameras (to get started) will set us back about $1000.

[fantasymaker]

If they have less space on the otherside It will be pretty hard for them to prove in court they need more (some of yours) on yourside.

[70Ford]

Put up some tire shredders. LOL

[pghquest]

Originally Posted by aaauger

We own a small warehouse with tenants in Austin. The parking lot adjoins that of another warehouse. We are willing to let the tenants of this other warehouse use our parking lot for access (although it's not the only way). But the most recent tenants in the other warehouse are parking in our lot. And it's not even in the parking spaces. They are parking their trucks in the middle of our parking lot, parking in front of the overhead doors. They're very belligerent and refuse to leave. Our tenants are complaining. The Austin Police doesn't want to get involved.

What recourse do we have? Any help is appreciated.

First, your police officer in your area can issue tickets, if they wont take action, go to the police captain and keep going higher until someone takes you seriously.

As another poster stated, have them towed. All you have to do is tow one, and you wont have a problem again.

[pghquest]

Originally Posted by dynimagelv

If the parking lot is that desireable to them....and IF you can spare the room.....$30 per month per vehicle is pretty cheap parking.....I pay 35 for a monthly parking sticker......

Now that might be the ticket.. Put up parking meters...

[peacewood]

Texas is one of the hardest place to get a prescriptive easement, sometimes 19 years. You may prevent hostile land loss by giving the party permission to use it.

[Mircea]

Originally Posted by aaauger

We own a small warehouse with tenants in Austin. The parking lot adjoins that of another warehouse. We are willing to let the tenants of this other warehouse use our parking lot for access (although it's not the only way).

Wrong. You have assumed liability in doing so. If someone is raped in your parking lot because it isn't illuminated to the appropriate foot-candle/square meter you'll be paying through the nose in court.

Originally Posted by aaauger

But the most recent tenants in the other warehouse are parking in our lot. And it's not even in the parking spaces. They are parking their trucks in the middle of our parking lot, parking in front of the overhead doors. They're very belligerent and refuse to leave. Our tenants are complaining. The Austin Police doesn't want to get involved.

What recourse do we have? Any help is appreciated.

Close the parking lot. You can rent a temporary gate or other restraining device(s) to block access. Place notices on all vehicles and send written notice certified mail return receipt request that unless they are removed within 30 days they'll be considered abandoned and appropriately disposed.

Also advise them they are no longer permitted to park and will be towed at their expense. Contact a towing agency to patrol your lot after you remove the temporary barriers.

[Dave1215]

Originally Posted by aaauger

Also, based on what I've read and based on the other property owner's uncooperative stance, he'll probably file suit for an easement regardless. (According to the zoning department, his property has far too few parking spaces for the amount of tenants present.)

Where I live that would be an irrelevant fact when it comes to an easement discussion.... the fact that you have adequate parking for your needs does not mean you have to solve your neighbors problem... also, the fact that the local municapality allowed the building to be built with fewer parking spaces then they require does not put a burden on you to solve that problem.

The city screwed up in giving their building permit, the neighbor has a perceived problem because the city did not enforce their own standard - in either way, that does not legally shift the problem over to you.

Double check with an attorney (one phone call or office visit for consultation will not cost too much) and then apply for the permit.

[Dave1215]

Originally Posted by aaauger

We're also discussing installing video cameras. Wrecking companies have warned us to expect retaliation. Based on initial research, it looks like a server, software and 6 Swann exterior cameras (to get started) will set us back about $1000.

If you have internet access you can get by cheaper... there are good quality cameras that basically act as a webcam... each records and then streams that video to a 3rd party provider who stores the video... this allows you to watch and control the cameras remotely (anywhere you can get on the internet)... Saves you both server and software expense... you have camera and subscription expense... its basically the same application that is marketed to daycares so parents can watch their kids while they are away at work...