Are parking lots private property? This question often arises when considering the ownership and access rights of these spaces. In this article, we will explore the legal and practical aspects surrounding parking lots, clarifying whether they are indeed considered private property or subject to different regulations.
Are Parking Lots Private Property?
Most parking lots are considered private property owned by the businesses or organizations that they serve. Companies own the land that the parking lots sit on, and are legally allowed to control who accesses their property.
Even large parking lots at shopping malls, stores, office parks and other commercial areas generally belong to the owners of those facilities rather than the local government.
While the lots are open to customers and clients, the owners can restrict or deny access to non-customers as they see fit based on their private property rights.
Related: What Happens If You Leave A Parking Garage Without Paying?
Can I be asked to leave a private parking lot?
Yes, if a parking lot is privately owned property, the owner or their representatives can ask you to leave for any reason. Ignoring such a request could result in trespassing charges. According to the discussion, one person shared being approached by a security guard while walking through a private parking lot during their lunch break.
The guard informed them it was private property and they needed to exit, showing that even just passing through may not be permitted without reason. You are expected to comply with the owner's rules on their private property.
What power do security guards have in private parking lots?
Security guards acting on behalf of the property owner generally have the power to enforce rules within private parking lots. This includes asking people to leave the property if needed. They can also report anyone who refuses to leave to the local police, who may then issue a formal trespassing citation. However, the security guard alone cannot make arrests or file charges themselves.
But ignoring their warnings could lead to police involvement for trespassing. It's best to comply with all instructions from security on private commercial lots.
If I'm asked to leave, can I still be punished after leaving?
If a security guard or property owner asks you to leave a private parking lot and you do so, they generally cannot pursue further punishment after you have exited the property. However, it is best not to test this and immediately leave when requested to avoid conflict or punishment. The prior warning could also be noted, so repeatedly trespassing after being told not to may result in stricter penalties from authorities.
But a single instance of leaving promptly when asked should not lead to further repercussions.
Would ignoring the security guard be trespassing?
Yes, ignoring a security guard or property representative's request to leave private commercial parking property would constitute trespassing.
Trespassing involves entering or remaining on private property without permission. If a guard explicitly tells you that you are on private property and must exit, remaining on or re-entering the lot against their instruction would be a trespass.
The guard could then rightfully contact law enforcement, who may issue a citation. It's important to heed warnings and not ignore security on private property you have no reason to be on.
FAQs about Are Parking Lots Private Property
Who owns the land that a parking lot sits on?
Typically, the business or property owner whose lot it serves will own the land. So parking lots are usually considered private property.
Can I be ticketed or towed for parking violations in a private lot?
Yes, as a private lot the owner can set parking rules and enforce them by ticketing or having illegally parked vehicles towed.
Am I allowed to distribute materials or solicit in a private parking lot?
No, as private property the owner has the right to control activities conducted there and often prohibits soliciting or distributing materials without permission.
Do the same traffic rules like stopping at stop signs apply in private lots?
Usually no, privately owned lots are not considered public roadways so normal traffic laws may not apply, though safety rules still should be followed.
How do I know if a lot is private or public parking?
Signs are often posted making it clear if a lot is for customer use only or open for public parking. Location of the lot can also indicate if it primarily serves a single business or facility.
Conclusion
In summary, most parking lots connected to businesses are privately owned and therefore considered private property. While open for commercial use, the owners still retain rights over access and rules. Representatives like security guards are within their authority to forbid trespassing and enforce the owner's rules on their behalf.
Members of the public using these lots are advised to comply with all instructions to avoid confrontation or legal penalties for trespassing. The ownership status and rights of the property dictate that private commercial parking lots are subject to control by their owners.
