Buying a property, neighbor across the st is using the property&#39;s address I own a house, and am currently thinking about buying the vacant lot next to mine to ensure that no one builds on it (beautiful view). While talking with the seller they mentioned that the neighbor across the street (we are not on speaking terms, long story) is using the vacant lot's address as their own. Will this cause a problem with the sale or future sales, and if I buy the property and want to receive mail there in the future, what actions do I need to take to reclaim my address? I am located in Tennessee if that matters.
what actions do I need to take to reclaim my address? Make the address really yours (buy the property). Use your current address for all correspondence. Setup mailbox with address prominently written on it. Approach the neighbor nicely explaining them the situation and ask to stop using the address. If 3 fails, hire a lawyer and instruct them to approach the neighbour. If 4 fails, instruct the lawyer to seek court injunction to stop the neighbor from using the address. Once successful, make sure to notify USPS.
First, return addresses are intended simply to provide a mechanism by which an undeliverable or returned letter can be returned to the sender. If you have a practical concern then consider the following: I worked for the postal service and never experienced an instance where anyone cared whether there was an accurate return address except in the following cases: As mentioned above, a letter was refused or otherwise undeliverable, and an attempt will be made to return the letter to the return address. In cases of a false, unreadable, or non-existent return address, the letter will be marked undeliverable and likely destroyed or recycled. Someone is trying to scam the system by putting an identical address on each the delivery and return address of a mail piece, especially on mail pieces that have insufficient postage. If caught, this mail piece will go to the delivery address the same as any other case of insufficient postage, with a postage due requirement for the recipient. However, in this case this piece will be held and eventually destroyed rather than returning to sender, since it does not have a non-identical return address. The content of the mail piece is illegal (e.g. anthrax, drugs, etc. made apparent by forensic equipment or by a piece of mail being inadvertently opened/destroyed by a machine and discovered by a postal employee). In these cases the mail piece will be sent to the postal inspection service (most plants have one in-house). These postal inspectors might have use for a return address in the event that the sender was dumb enough to include an accurate return address on an illegal mail piece. 18 U.S. Code § 1342 penalizes those who commit crimes under false names, and uses broad language to include people who use pseudonyms to avoid detection, since these actions make the job of postal inspectors much more difficult. The final language also makes opening mail address to people other than one's self illegal, though this is likely described elsewhere, too. It does not pertain to false return addresses, unless someone were to open the letter upon return, despite that person not being the return addressee, or committing some other crime using the postal service. The only situations where I can see your hypothetical situation becoming a concern for postal inspectors or postal regulators would be: The mail piece masquerades as a certified, registered, or other special class of mail. There are many junk mailings out there that look surprisingly similar to the protected classes of mail, but are distinct enough to not raise any serious concerns (e.g. "CONFIDENTIAL", "URGENT", or various green or red markings). The penalty would probably be a fine in the amount of each identified letter times the price for the corresponding postal product. The return address is for a governmental entity, or possibly an annoyed person or company, but not actually sent from these locations. I suspect this is the possibility most relevant to your question. However, this is unlikely to raise any concern, unless a recipient or other affected party raises a fraud concern (18 USC 1341, 1342 &amp; 1345; 39 USC 3005 &amp; 3007) with the postal service. This would be taken on by the postal inspection service, which would investigate the content of the mailings for any signs of the actual sender, and they may attempt a variety of other methods (e.g. tracing letter meters, surveillance) to locate the source of the mail. However, the legal penalties would probably be fraud-related and might fall outside postal regulations per se, but could include federal laws about committing crimes that leverage the mail service, and various other laws if this is done across state lines (also this might invite FBI attention).
Mark the mail delivered as &quot;addressee unknown, return to sender&quot; and give it to the postal delivery person next time around. If the mail stops getting through, the neighbor will update their address.
Generally speaking, the police will not return property known to be stolen to someone other than the owner of the property, even if it is illegally seized in a search that violates the 4th Amendment. While stolen property is not strictly speaking, contraband, it also isn't something that the person who would seek its return would be entitled to reclaim. This is particularly true when, in a circumstance like this where the motorcycle's ownership can be confirmed with a VIN number on file with a government agency linking the VIN number to the true owner of the vehicle, so the fact that it is stolen can be confirmed with great certainty. If the police do not return the property voluntarily, which they would not do, the person in possession of it would have to bring a suit for possession against the police who are in possession of it. In the face of a civil lawsuit to regain custody of the property from the police after they failed to return it, the police could insist that the true owner be joined to the action and could also raise the issue of unclean hands or similar defenses. A court filing claiming property known to be stolen by someone who is not the true owner would also provide evidence of the stolen property charge that would probably not be tainted "fruit of the poisonous tree" and instead, would be treated as an independent confession to the crime that was dismissed for lack of evidence after the original seizure under the 4th Amendment exclusionary rule.
For starters, you can't "use the antitheft law" because you are not a criminal prosecutor. I'm not sure that the criminal statute would support a civil action for replevin, at least until you've paid all the fees that the towing company is explicitly authorized to charge and they still refuse to release the vehicle. And if that was the case, you wouldn't need the criminal statute — the title to your vehicle should be sufficient. See Baltimore County Code (2003) §18-2-203 for the police department's authority to remove and store cars with expired registration "by contract." See also §§ 21-16-111.1 et seq. and §§21-16-123 et seq. regarding police initiated towing and licensing of towing companies. The latter set of statutes and the fee schedule fixed by the county are available here.
there was absolutely nothing in the letter. You could hold it up to the sunlight and see that it was empty. There is no legal reason to do this. Somebody screwed up. Office workers are not infallible. It happens. I've seen government officials with no grudge against my client do it too now and then. Taken together with the spelling errors in your name it reflects general administrative incompetence and not some nefarious plot. The cautious thing to do would be to call them and tell them that you got a misaddressed letter with nothing inside it. A judge might frown at your conduct if you had some inkling they were trying to communicate with you and did nothing. Save the empty envelope to prove that they didn't send you a security deposit letter as they claimed if there is a dispute or litigation down the road.
This all depends upon where you are. I am a landlord and I am answering based upon the laws of the U.S. and the states that I operate in. First things first. You are not the property owner. While this does not limit the answer, it is a factor. You do not have the right to the property even if you have a key and the permission of the tenant. You are not the property owner, do not represent the property owner nor the tenant, and by contract do not have legal rights to the apartment. It does put you in a different situation. As a landlord, it is against the law for me to provide access to a tenants apartment to anyone without authorization. This, of course, precludes emergencies such as welfare checks. In the case of the police, a warrant is required or a form that the police fill out that allows the police to gain access. This would be used in cases such as when a spouse requires the recovery of personal property during a domestic dispute. A judges order is not always possible in these cases. These are often limited cases and the form absolves the landlord of liability even in cases where the police act incorrectly. So without a warrant or a form that certifies any lawful request, anyone including the landlord can be arrested for a crime. For your situation, a quick call to the landlord would have been appropriate. Without a warrant or certification, the police still had options including waiting for the person in question to either leave or return to the apartment or even request a warrant by phone. Often, the warrant, once signed by the judge, can be read over the phone. Any landlord should always have a paper copy provided within minutes since some cruisers will have a printer and can print the warrant. Your refusal appears to be legal. However, in the future, you can ask for a copy of the warrant that you provide the landlord. I do not wish to paint a negative image of the police who do the hard work that most people will never take on, they are after all heros, however, some do not know the law perfectly well especially tenant landlord law. As well, some will try and get away with skirting the law trying to get an important job done. It does happen. I hired a lawyer just last week for an illegal request unrelated to the question here. Addressing the OPs comment: Hello, I believe I misstated the situation a bit in that the locked door in question was for the apartment building and not a tenet's apartment itself. I have edited my question. Does this change anything? Technically, this does not change much of anything, however, the request by the police can be seen as a reasonable one. They just may want to talk to the individual which is reasonable. In this case, I might have let them in if the access I was giving them was to a common space such as a hallway. In this case, the outer door locks are only to keep Intruders from entering the building and not meant to restrict access for valid purposes. Are you in trouble? I would say no. If anyone asks, you can give reasonable arguments for your situation. However, the next time, consider what I have written here. The police have a tough enough time doing their jobs. If you can help and stay within the proper boundaries of what the law allows, that would be best.
Is it acceptable for person A (representing themselves) to refer to person B as &quot;their neighbor&quot; instead of by their name, or would that cause the suit to be dismissed? Omitting the neighbor's name in the pleadings &amp; proceedings cannot singlehandedly cause the dismissal of a defamation suit. The matter would result in dismissal only if the plaintiff repeatedly disobeys court order(s) (if any) to disclose that information. Before the proceedings get to that point, the plaintiff will have had one or more hearings to dispute the defendant's alleged need for identifying a non-party by name. When opposing to that disclosure, the plaintiff's goal is to establish that the false narrative about robbing a neighbor at gunpoint is defamatory regardless of neighbor's name. Keep in mind that the focus in a claim of defamation is the defamed person, whereas the relevance of details such as who the non-parties are pertains to context and evidence. Lastly, the fact that a party to the suit is a pro se litigant is irrelevant from both substantial and procedural standpoints.