Hoboken Legal Beagle – 12/4/2008

12/4/2008:

Today’s question is from an annoyed resident and a pesky bike locked to their fence.

hoboken-bike-locked-to-fence.jpg

What is the best approach to those bikes?

“Dear H411,

I guess this would be a question for the Legal Beagle. Some people chain up their bikes to my fence. What legal action can I take to prevent this? I have tried the HPD but they offer no solutions. Thanks for your help.”

Hoboken411 Legal Beagle says:

Hoboken411 Legal BeagleInteresting question but I know of no legal approach to the problem.

Mano a mano, I would buy a lock and lock up their bike to the fence, so that when they came back to get their bike they would have to call the police, who most likely would offer no solution. Being hoisted by your own petard, is not a pleasant feeling and I am pretty sure, once their bike was freed, they would no longer consider your fence as their fence.

And remember, these answers are coming from a flying beagle, and should not be used as in place of competent advise from a human attorney. This feature is intended to give you legal information, not legal advice and is for general guidance only. Use at your own risk, and it’s recommended that you retain counsel on your own. Hoboken 411 is not liable for any loss, injury, claim, liability, or damage related to your use of the site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.

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23 Comments on "Hoboken Legal Beagle – 12/4/2008"

homeworld
Member

[quote comment=”121855″]Hey Beagle (or anyone else who would know)

I have a friend who just found out this morning that her JC landlord has been indicted for embezzeling $2 Million from the company he worked for (student loans or something like that). Anyway, the problem is, he used that money to buy the property the rent from him. More accurately, they rent from the company he set up to hide the stolen loot. The feds have closed the company and the landlord is in jail, they have no one to send the checks to and apparently this last months rent has gone uncollected.

So the question is, what if anything, should they do to protect themselves? Is their home at risk? What should they do about paying rent? My first thought was some kind of escrow account to set aside the money, just in case.

Thoughts?

Also in the event they should contact a lawyer, any recomendations?

Thanks[/quote]

Sounds like a pretty sweet deal to me!

…Until Public Service shuts off the gas and electric and United Water shuts off the water.

Easy-E
Member

Hey Beagle (or anyone else who would know)

I have a friend who just found out this morning that her JC landlord has been indicted for embezzeling $2 Million from the company he worked for (student loans or something like that). Anyway, the problem is, he used that money to buy the property the rent from him. More accurately, they rent from the company he set up to hide the stolen loot. The feds have closed the company and the landlord is in jail, they have no one to send the checks to and apparently this last months rent has gone uncollected.

So the question is, what if anything, should they do to protect themselves? Is their home at risk? What should they do about paying rent? My first thought was some kind of escrow account to set aside the money, just in case.

Thoughts?

Also in the event they should contact a lawyer, any recomendations?

Thanks

elainetyger
Member
elainetyger

[quote comment=”121757″]I guess my question is – is it in the way of you accessing your entrance? Is it there 24/7 or just at certain times? If in the way then I get it but if someone is just using your fence to lock their bike up then what’s the harm?[/quote]

The harm is that if it’s your property, you have to protect it or you become liable. If somebody walks down the street, trips over the bike, and splits their lip, they sue the homeowner. I would not wish to create any easement on my property for anything other than the required public usage of the sidewalk for WALKING on their way from point A to point B. And anyway, it’s my friggin fence. I don’t leave my trash or personal belongings on my neighbors’ properties and I expect them to show the same respect back.

I had someone chain a bike to my fence once, I left them a note saying that after the current date any bike chained to the fence would be removed forthwith, and I never saw the bike there again. If I remember correctly, HPD said they could remove and confiscate the bike if it happened again; I think that’s what I put on the note, in any case. I do like the Legal Beagle’s suggestion, though.

potatochip
Member

i say get a life.

escaped68
Member

contact cement on the seat

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