Landowners can seek compensation for land infringement caused by "parking" on private land | Lawyer Li Yusheng explains the criminal liability and civil liability for land infringement

Landowners can seek compensation for land infringement caused by "parking" on private land｜TVBS News reporters Huang Jingfen and Jiang Muyu

News link:https://youtu.be/oNppIGwvMDw

Parking in random areas may cause disputes! Except for publicly maintained spaces where parking is allowed, there are no asphalt-paved open spaces between residential lanes and alleys. If there are notice boards around, it may be private land. If the landowner is infringed, he can claim civil compensation, but parking must be open to the public. There is a fee and you must apply for a parking lot registration certificate from the Transportation Bureau before you can operate.

Reporter Huang Jingfen: "The path between private houses looks like public land, but if you look closely, the red dot on the ground to my right is actually the private area of the residents, while to my left is the public space open to the general public. .”

The floor of an open space like this is not paved with asphalt. Whether you can park your car or not, you can first check the surrounding area to see if there are any private land notice boards. Otherwise, parking on the land at will may cause disputes.

The simplest way to judge is to see if there are any traces of public maintenance, such as the installation of street lights or sewers. Asphalt roads belong to public land.

But if some people park their vehicles on other people's private property without knowing it, is it possible that they will violate the criminal law?

Lawyer Li Yusheng: "If the landowner does not put up a notice, and it is not easy for other people to know from the whole situation that this is private land, then the car owner may not have the subjective intention to occupy the land for a long time, and it does not constitute theft under criminal law. Although the crime of possession is illegal, it is still possible to pay compensation through the provisions of unjust enrichment under civil law or torts.”

In addition, if the landowner wants to open his private land to the public for parking fees, he may not have the final say.

Colin Yuxiang, section chief of the New Taipei Transportation Bureau's suspension department: "When there is public paid parking, the person in charge must also report to the local competent authority for verification and obtain a parking lot registration certificate before it can operate in accordance with the law."

If the person in charge makes a profit without applying, according to the Ministry of Transport’s Parking Lot Law, a fine of up to NT$15,000 may be imposed. If improvements are not made within the time limit, the business may be forced to close.

Parking spaces are hard to come by, so people are reminded to park their cars in marked parking spaces on the roadside or in legal parking lots to avoid lawsuits.

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