Certain homeowners may go to any extent of restricting others from using or accessing a portion of their properties. This practice can be needed to a certain extent, but the risk will remain. One major restriction homeowners tend to go head-on with is spike strips to protect their driveway.
One of the ways private homeowners restrict others from using their parking lot is by installing spike strips in their driveway. Homeowners for years have complained about the illegal and indiscriminate use of their driveways, both online and offline.
While some drivers use their driveway as a parking space, some may choose it as the best place to make a U-turn. Homeowners, who find themselves in this kind of situation are often concerned, leading them to ask a common question: Can I install spike strips in my driveway?
Can I Put Tire Spike Strips in My Driveway?
Many believe that the installation of spike strips will prevent people from going on your driveway. Here is what you need to know. To start with, the installation of spikes strips in your driveway is a No. There may be legal backing for installing spikes strips in your driveway, but that depends on your state of location.
This means it is important to find out about each state’s law to not breach any of them. Homeowners have choices to decide on when it comes to how they use their properties, but on the other hand, it may backfire in some cases. Spikes strips may not only be harmful to car tires alone but to humans as well.
Think of a child or toddler matching on the installed spikes strips. It can be extremely dangerous, right? Apart from that, you will be responsible regardless if you have a signpost that indicates spikes strips.
Putting spike strips isn’t just the solution to restrict illegal use of your portion of land. It is, however, best to indicate with a sign to notify them of not assessing your property illegally.
Is it Legal to Put Spike Strips in Your Driveway?
As said earlier, it is not illegal to put spike strips on your property. Although the law governing this act may vary in different states, you can, however, find out if the law does not prohibit its use in your states.
If you live in a state where the use of spike strips is restricted under the law, it means you should not use it, regardless of how people access or use the area. If you, however, install it in your driveway and it results in bursting someone’s tire or injuring a person, you may have a legal problem should the individual sue you.
Apart from getting into legal trouble for violating the rule of law restricting the use of spike strips, you may need to pay for damages should the person sustain injuries. It is best to call the police on neighbors who are hellbent on using your driveway as a parking space.
How to Stop Neighbors From Parking in Your Driveway?
A sudden installation of spike strips can cause a rift between you and your neighbor. However, if you have neighbors illegally using your driveway, it may be wrong to install spike strips in your driveway.
First, there are things to consider. Before you take any action towards installing spike strips in your driveway to prevent them, start by approaching them first. Not everyone understands that it is an offense to trespass on other people’s property.
Hence, you have issues with the parking in your driveway. On the other hand, other people may also be using your driveway for parking.
If the warning does not seem to resist them from parking in your driveway, there are other effective ways to make your driveway inaccessible for them. You can barricade the area, fence, install hedges or even put up flower pots.
Additionally, you can put up artificial spike strips to scare them off. It is highly impossible that they will automatically think you have installed artificial spike strips when they see this from afar.
After all, nobody wants to lose any of its tires to spikes. Should your neighbors also hint that they can safely turn on your artificial spike strips, there is always a legal way to solve this issue- call the police on them!
However, taking this step requires you to have enough evidence before you call the police. A video or picture of these hellbent neighbors will help to facilitate your claim.
Choosing another legal means of dealing with these adherents using your driveway is hiring a lawyer who can help you issue a cease and desist letter. This will pass a message to anyone who further intends to violate the rules.
It should be written clearly in the letter that if they don’t desist from using your driveway, you may end up using them. Nobody will want to spend a few dollars on the issue of wrongful parking in another person’s driveway.
Can My Neighbor Sue Me if he Gets Hurt by Spikes on My Driveway?
Certain conditions warrant your neighbor to sue you if he gets hurt by your spikes on your driveway. The question may seem difficult to answer but first, let’s take a look at some things.
Today, many jurisdictions are still using the common law tradition that does not allow any landowner to be responsible for any injuries sustained by a trespasser. On the other hand, this doesn’t fully guarantee that the landowner owes no special duty to the one that enters his property without his knowledge.
Your neighbor may sue you if you have not sent them prior notice or warnings for them to refrain from using your driveway.
If you have issued them a warning by adopting any of the above measures, such as installing a signpost or approaching them in person, your neighbor may not be able to sue you.
On the other hand, you may get sued by your neighbor if there are major damages. At times, claims for injuries or damages may still survive your neighbor’s damages legal faults. In some states, however, the jury or the judge will be more concerned and need to determine the more responsible party for the injuries.
This is also applicable in a situation where your neighbor gets injured or hurt by spikes strips. The level of injury or damage will determine if he can sue you or not.
Can You Legally Park in Someone Else’s Driveway?
People often seem confused to find the right answer to whether you can legally park in someone else’s driveway. People have often craved to know how to solve this problem, but the truth is that research has proven that many people are not learned about the law governing parking.
It is a fact that any individual can use your parkway for parking and vice versa, and unfortunately, there is nothing the police can do. Although it sounds odd that using another person’s driveway to park is no criminal offense, the law says in most states.
According to Ballymenatimes that about 64 percent of people have no idea of this information.
It is not a crime to use another person’s parkway. It is only regarded as a trespass, making it a civil matter instead. The summary of the above is that the police have no power to get rid of a car parked on a property.
Also, the chances of your local council to intervene in this matter is very small. This is because the property is not under the jurisdiction of the authority. The only situation where the council can intervene to get rid of the car is when it seems to be an abandoned car.
From what has been said, you can legally park in someone else’s driveway. While the council can still remove the car in the case of abandonment, it may still not be possible if the car is insured, its parking position poses no harm, is taxed, and has a valid MOT.
Conclusion
While you may find another person parking on your driveway annoying, it isn’t an immediate reason to choose the worst solution as an option. When you find the process repeating itself, it is best to find how to approach trespassers subtly, even before you install spikes. The installation of spikes strips can cause more injury than is thinkable at the moment.
Artificial spike strips are one of the best ways to keep people off your property. Although in some states it is legal to put spikes strips in your driveway, it is not so to all states, and you may, however, have yourself to blame if your state’s law does not support spike use.
Hence, it is crucial to find out first about your state’s law to avoid problems. If you are approaching someone who uses your driveway illegally, you should do it in a very polite manner since the police or local council authority may not get involved.
Also, remember that although spikes could help keep away trespassers, they can also be dangerous to cars, children, and animals alike.