If you own or manage private property, unauthorized vehicles are probably a familiar headache. Whether it’s a shopping center, apartment complex, or office building, vehicles parked without permission can block access, frustrate tenants, and create liability issues. But before you call a tow truck, there are legal requirements you need to understand.
Private property towing laws vary by state and municipality, and getting it wrong can expose you to lawsuits, fines, or worse. We’ve put together this guide to help property owners navigate the process confidently and stay on the right side of the law.
Understanding Private Property Towing Rights
As a property owner, you generally have the right to remove unauthorized vehicles from your land. This falls under your broader property rights, you control who can use your space and for what purpose. But, this authority isn’t unlimited.
Most jurisdictions require property owners to follow specific procedures before towing. You can’t simply call a tow truck the moment you spot an unfamiliar car. The law typically distinguishes between vehicles that are clearly trespassing (parked in fire lanes, blocking access) and those that may have a reasonable excuse for being there.
Understanding these distinctions matters. A vehicle parked illegally in a designated fire zone presents a safety hazard and can often be towed immediately. But a car parked in a visitor spot at an apartment complex? That requires more caution.
We recommend familiarizing yourself with your state’s specific statutes on private property towing. Colorado, for instance, has detailed requirements that differ from neighboring states. Local ordinances may add additional layers, so checking with your municipality is always a smart move.
Common Legal Requirements for Towing Vehicles
Most states share certain baseline requirements for private property towing. These typically include:
- Proper authorization: Only the property owner, manager, or authorized representative can request a tow
- Signage: Visible warnings must be posted throughout the property
- Documentation: Records of the tow, including photos, timestamps, and vehicle details
- Notification: Informing local law enforcement after the tow (required in many jurisdictions)
Some states also mandate a waiting period before towing, while others require you to attempt contact with the vehicle owner first. Fees are often regulated too, you can’t necessarily charge whatever you want for storage or retrieval.
Required Signage and Notice Standards
Signage is where many property owners slip up. It’s not enough to have one small sign at the entrance. Most jurisdictions require:
- Signs posted at all entrances to the property
- Specific dimensions (often at least 18″ x 24″)
- Contrasting colors for visibility
- Clear language stating that unauthorized vehicles will be towed at the owner’s expense
- Contact information for the towing company or a phone number to retrieve vehicles
- The towing company’s address and hours of operation
Signs must be permanently mounted and maintained in readable condition. Faded, damaged, or obstructed signs can invalidate an otherwise lawful tow.
We’ve seen cases where property owners lost disputes simply because their signage was too small or placed where drivers couldn’t reasonably see it. Don’t let a technicality undermine your towing policy.
How to Establish a Towing Policy for Your Property
A written towing policy protects you and provides clear expectations for everyone using your property. Here’s how to build one:
1. Define what constitutes unauthorized parking. Be specific. Does it include expired permits? Vehicles in employee-only spots? Cars left overnight?
2. Establish your procedures. Decide whether you’ll use warning stickers, grace periods, or immediate towing for certain violations.
3. Select a reputable towing partner. Working with a licensed, insured company is non-negotiable, more on this below.
4. Document everything. Create a system for photographing violations, recording dates and times, and maintaining logs.
5. Train your staff. If managers or security personnel will authorize tows, they need to understand the rules thoroughly.
6. Review and update regularly. Laws change. Your policy should evolve with them.
Consider having an attorney review your policy before implementation. The upfront cost is minimal compared to the expense of defending an improper tow in court.
Working With Licensed Towing Companies
Your towing company is your partner in enforcement, so choose carefully. A reputable company should be:
- Fully licensed and insured
- Compliant with state regulations for private property towing
- Transparent about fees and procedures
- Responsive when vehicle owners need to retrieve their cars
At Bear Creek Towing, we handle private property towing and maintain a secure yard for vehicle storage. Our WreckMaster-trained operators understand the legal requirements and documentation standards that protect property owners from liability. We’re fully licensed and insured, operating in the Evergreen, Colorado area and serving Clear Creek, Jefferson, and Gilpin counties.
When evaluating towing companies, ask about their experience with private property work specifically. General roadside assistance is different from property enforcement towing, which requires additional knowledge of signage laws, notification requirements, and dispute procedures.
A good towing partner will also help you understand what documentation they need from you and how to streamline the authorization process.
Avoiding Liability and Potential Legal Disputes
Even lawful tows can lead to disputes. Minimize your risk with these practices:
Document before towing. Photograph the vehicle, its location, surrounding signage, and any parking violations. Timestamp everything.
Follow your own policy consistently. Selective enforcement, towing some violators but not others, can create claims of discrimination or unfair treatment.
Never tow vehicles with people inside. This sounds obvious, but it happens. Always verify the vehicle is unoccupied.
Avoid damaging vehicles. Work with towing companies that guarantee damage-free transport. At Bear Creek Towing, we promise damage-free towing using proper equipment for each vehicle type.
Keep records. Maintain a log of all tows for at least several years. You may need this documentation if disputes arise later.
Don’t charge excessive fees. Many states cap storage and towing fees for private property tows. Exceeding these limits can result in penalties and undermine your legal position.
Property owners are sometimes sued for wrongful towing, conversion (essentially theft of the vehicle), or negligence. Following proper procedures dramatically reduces these risks.
What to Do When a Vehicle Owner Challenges a Tow
Disputes happen. When a vehicle owner claims their car was wrongfully towed, stay calm and professional.
First, review your documentation. Was the vehicle actually in violation? Is your signage compliant? Did you follow proper procedures?
If you made an error, consider releasing the vehicle without fees. It’s often cheaper than legal action and demonstrates good faith.
If the tow was lawful, provide the owner with copies of your parking policy, photos of the violation, and information about any appeals process your jurisdiction requires.
Some states mandate informal hearings or arbitration for towing disputes. Know what’s required in your area and be prepared to participate.
Document the conversation. Keep records of any communications with the vehicle owner, including dates, times, and what was discussed.
If threats of legal action arise, involve your attorney early. Most disputes resolve without litigation, but it’s wise to have professional guidance when stakes escalate.
Conclusion
Private property towing is a legitimate tool for managing your property, but it comes with real legal responsibilities. By understanding your rights, maintaining proper signage, establishing clear policies, and partnering with a reputable towing company, you can enforce parking rules confidently while minimizing liability.
When in doubt, err on the side of caution, and documentation. The few extra minutes spent following proper procedures can save you significant headaches down the road.
