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Advice needed.
We live in a subdivision that borders the intersection of two fairly busy streets in Far NW Harris County. There is a vacant commercial lot owned by Walgreens on the corner which backs up to our homes. The lot is filled with huge builder signs, bandit signs, sprinkler company signs, etc... and is a horrible eyesore. There were approximately 20-25 signs on private property inside the plane that separates the County road easement from private property, and there was one sign located in the ditch inside the County easement.
Over the last few months, our management company contacted Walgreens and secured several things on our behalf... - Walgreens posted "No Trespassing" Signs along the perimeter of the lot - Walgreens promised to remove all signs whenever they mow the lot - Walgreens issued our HOA a letter authorizing us to enter the lot at our discretion and remove any signs located on their private property at will. - Walgreens informed us in writing they had not given permission to any party to place signs on their private property.
One of our Board members also attended the Precinct #4 bandit sign class and received certification regarding sign removal.
Several months ago, we notified all sign owners they were trespassing on private property and that Walgreens had not given permission to any builder or commercial venture to erect signs on their private property. We asked them to remove their signs asap. Of course, we were ignored.
Recently, after assuming we had all necessary authority and permissions in place, we removed the signs with chainsaws, cutting them as close to the ground as possible and piling them up for any interested parties to retrieve. During removal, a project manager from CASTLE ROCK BUILDERS came on to the lot and became very aggressive and abusive. He threatened to sue us for damages and stated that because Walgreens had not posted a 'private property' sign, he was within his rights to trespass and place a sign on their property.
In the process, he was very insulting, stating he would 'slow down' and 'simplify' things so we could understand what he was saying, cursed, call our volunteers "stupid, immature and childish", stated we were lying about having permission from Walgreens, lying about our identity and phone numbers, and about being members of the Board of our HOA, took photographs of us and our cars and threatened to call the police if 'we moved a muscle'. Finally we told him to leave....that we had permission to be on the property, but he did not...and that WE would call the police.
Very rude guy...but I digress. )
His argument is that the onus is on the property owner to publicly place "private property" signs. That he has the right to place his signs on any COUNTY property as long as the signs are not in the easement and that since Walgreens did not advertise the property as private, he legally made the assumption the property belonged to the county and therefore, no one had the right to cut down his sign.
To me...this is just nonsense. His company was notified in November and February that they had signs placed on private property which needed to be removed. And for the last month the lot has had 12 'no trespassing' signs in place. How can he claim to be unaware he was on private property? And can anyone place a sign on any County property?
(Btw...we did not remove the one sign that was in the County Easement. Per the bandit sign class, large signs over $25 in value IN the County easement is a law enforcement issue and per their instructions,we planned to forward a picture of the sign to the County Attorney for enforcement.)
Sorry this is such a long one...but I'd love to know what you all think of this guy's argument and threats.
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