What is the criminal action I can take against illegal trespass in the common passage before my house?
Answer:
The police need to respond to your complaint. If you have a valid court order and your neighbor is ignoring it then he is in contempt of the court that issued the order. You might need a lawyer to press the issue and get your point across to the authorities. Wouldn't it be a wonderful world if people just did what they should and not push the envelope?
You could always shoot them.
Yes, check on the laws regarding trespass, nuisance, and abatement orders. The City or County should have some abatement laws and if they do not comply, have the county step in (or City) to bring action against them. If the problem persists this is the remedy. They will notify the violator, pin up a notice on the property whether it be land or the actual bikes that are parked there illegally, and then they will fine him in upwards of $1,500 or more in some cases. This depends on the state and city or county you live in, but I would definitely contact the city/county planning, building or permits dept. They should be able to help you.
Also, on line there should be legislature in your state that governs trespass and abatement processes. Do a search on line for your state's legislature, and also do a search for your city or county government online. They may have webpages that entail your problem with solutions, or who to contact within one of those agencies.
I hope this helps. I don't have my email on but if you have any further questions, just print them above in the "add to" part of your question and I'll be back later on to check my answer while seeing if you have edits above.
i wish i knew where this land is located. by common law in practically every state of the united states, what land belongs to whom is shown on a survey. land that lies in front of a group of attached houses called row houses is normally owned by the municipality of the city where they are. so then, i live and work in chicago. the city owns the sidewalk and parkway and street, all of it, in front of any set of row houses. it also owns the street, parkway and sidewalk in front of every piece of real estate on the other side of the street, making an even division between private and public property.
here is the logic behind that: major water, sewer and utility lines run under the street and along the street on poles. they also run on poles in alleys behind property. the purchase of one piece of real estate is subject to "existing utility easements," which means that if a utility pole happens to be within the yard of say, one of the rowhouses, the utility company can go there to fix the line. since water is supplied by the city and sewers are maintained by the city, the city takes the right to the "public" part of the real estate.
i don't think a will can override the powers that be. in other words, the public section of land near the row houses is going to be controlled by whatever governmental body that "owns" it because everyone pays taxes to have use of it (for utilities, as above).
so it seems that your answer would be simple. there has to be a clear division of the lane that is in front of the row houses. that would be done via a lawsuit. probably all owners of each row house would wish to participate in the lawuit, meaning that all of them pay the lawyers and court costs. so why would they want to do that?
they would want to participate because they should know as a fact what land they own. in the usa, the concept of "fee simple" real estate ownership intends that the title owner of the land where improved (built up) real estate sits is owned below, all the way to the center of the earth, as well as all the air space above that particular SURVEYED and conveyed (deed for) that piece. (it doesn't matter that cell phone companies pretend that they divide the air up into cells to transmit calls from one tower to the next, towers that sit on some piece of property that someone "owns," per survey and per deed and per title).
the other reason that all row house owners would want to participate in the suit is because how do they know what land they own, therefore, how are their taxes assessed?
so, let's pretend that the row houses all measure exactly the same width and depth. then i think you mean that the land that your father willed to who, really (?), is a perpendicular length of land that is lying in front of all of the rowhouses.
herein is the question: who owned that piece of land from the time the land was subdivided? the courts would look at a title search. the title search goes back eventually to the time that the land got "owned" by your father and whoever had it before him. then the courts would decide whether that strip of land ever did really belong to him. maybe it did not. maybe rightfully it belongs to the municipality. the municipality needs ingress and egress, does it not, for utilities, water, sewer and whatever other elements go into the reason the land is taxed?
it seems very easy to determine, once it is brought before a court. if each row house's land was never surveyed, the court would adjudicate that it be surveyed, which would then resolve the problem.
Our 'cwomo' had the best answer, old chap. Give him some extra points.
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