Legal Question in Real Estate Law in Oklahoma

Tow & Store

Public Parking on Private Property.

May a tenant(store owner) of a strip mall have a vehicle (parked in front of another store) towed away without calling police?

If the tow was illegal, has the store owner committed a crime? Has towing company committed a crime?

The driver of the vehicle had permission to park over night.

There was sign on the car to that effect.


Asked on 7/26/02, 9:12 pm

1 Answer from Attorneys

Hunt John Urgentlegalcare.com

Re: Tow & Store

Thank you for your question. I think the answer to your question would depend on a number of factors which I do not have. Whether there are signs posted, the extent to which tenants have control of parking spaces, and the circumstances peculiar to the strip center (ie. number of parking spaces) as well as why you found it necessary or convenient to park the vehicle there would influence the outcome. For instance if the car was parked there overnight and still had not been removed by 10-12 the next morning might seem to some unreasonable. The same if you were making repairs. On the other hand it might seem unreasonable if the car was left overnight and was towed at 6-8 in the morning before anyone could reasonably make arrangements to have it moved. Plus the fact that you have apparent authorization to have parked it there would benefit your side.

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Answered on 7/29/02, 11:55 am


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