Can I provide a written agreement stating which cars may use my driveway to park in?

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Can I provide a written agreement stating which cars may use my driveway to park in?

The landlord of the house next to me built a fence and partial driveway on my property while land was vacant. When I purchased the home we had the property lines assessed and staked out and he was over the property line by 2 ft. He moved his fence but left the deck and still parks his vehicles in our driveway partially. Can I make a legal court document stating only those with our permission may park there?

Asked on December 30, 2016 under Real Estate Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can require him to remove the deck at his cost--he has no right to park even partially on your land--and/or can prohibit him from parking on your land at all. Therefore yes, you can limit the number or identity of cars which may park on your land by written agreement, and/or require him to pay something for the privilege, and if he won't agree, take him to court for a court order barring him from parking on you land,  and/or requring removal of the deck.


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