Legal Question in Real Estate Law in California

I locked my bike in a manner that is probably inconsistant with my university's bicycle policy, on university property, but in a manner that to the best of my knowledge is legal in the area. According to the university's policy, this grants them the right to destroy my lock and impound my bike. I have to pay a fee and they assume no responsibility for replacing or repairing the lock. Is it legal for them to destroy the lock without reimbursing me? If not, what action could I take?


Asked on 11/05/11, 4:41 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

If the bike was so locked that they could not remove it in the same manner as they could remove other bikes without damaging their locks, then their is no question but that they are right. I do not understand how that can be done but I am not good at that type of knowledge. if they made the rules clear and you violated them, then since they own the bike rack they are entitled to remove your bike from it; how could they remove it without breaking the lock? So if they had the right to remove it they had the right to use the minimum force needed and not reimburse you for your lost lock. Does it make sense that they have to pay you for your breach of the rules?

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Answered on 11/05/11, 4:48 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Although I think it would be useful to know what the rule says, how it was communicated to you, and what you did that broke it, I'm pretty sure you don't have a case. A university has the power and right to enforce its rules by any reasonable means.

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Answered on 11/06/11, 8:25 am


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