What to do if my neighbor is using my private driveway without permission?

UPDATED: Feb 21, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 21, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my neighbor is using my private driveway without permission?

The neighbor (who I am 100% sure does not have an easement and is renting this residence) is using my private driveway to move heavy machinery and vehicles on and off his property. The result – the driveway has been damaged with holes up to 5″ deep, divots, etc. The other owner and myself have asked in verbal (the neighbor’s response was belligerent) and written form to cease the use of the private drive. The neighbor has not stopped. I am wondering how/if I need to get his landlord involved.

Asked on February 21, 2012 under Real Estate Law, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way to stop the adjoining neighbor's unauthorized use of your driveway is for you and the other nearby owner who is not happy with the situation to consult with a real estate attorney. That way the costs of the consultation can be split.

The way to resolve the situation is for legal counsel to make a legal demand to cease the unauthorized use of the drive and send a bill for the repair.

If the use continues and the repairs are not made by the offending neighbor, your recourse would be for an injunction and damages. You do not want the neighbor who is using your property without permission to continue the use for fear that an easement will result.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption