Search found 2 matches

by Lucky45
Sat Dec 15, 2007 10:18 am
Forum: General Texas CHL Discussion
Topic: Car Problem
Replies: 18
Views: 2581

Re: Car Problem

I did some research and found out that you can file a "PRIVATE NUISANCE LAWSUIT." A private nuisance is an "unreasonable" interference with the use and enjoyment of property of another. Under Texas law, a nuisance is defined as "a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.The limitations period for a private nuisance claim is two years. From your explanation, he is using your driveway as a turnaround when he has a private driveway and a public street with a right of way, so therefore he is being a nuisance and not allowing you to enjoy your personal property. You and your family should not have to clear out the driveway, everytime you see him coming down the street. I would see if your lawyer can look into this, or maybe send him a certified letter to let him know that if he continues that you will file it immediately.
I would not go as far as going outside with a firearm in the open.
by Lucky45
Fri Dec 14, 2007 4:44 pm
Forum: General Texas CHL Discussion
Topic: Car Problem
Replies: 18
Views: 2581

nitrogen wrote:My question for the lawyers/LEO's in here is this: Can the OP detain the guy and make a citizens arrest for trespassing? I know it's probably not the best idea anyway, even if it's legal, but I'm curious about the legality of that.
You cannot make a "citizens arrest" for a crime which is a misdemeanor. You can for a felony. I don't think trespassing is a felony.

Return to “Car Problem”