What can be done if my neighbor has extended his driveway through to the street and now we have many people cutting down this new driveway road making our private street not so private?

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What can be done if my neighbor has extended his driveway through to the street and now we have many people cutting down this new driveway road making our private street not so private?

I live at the end of a cul-de-sac. My neighbor’s has driveway has been extended through to the street perpendicular to ours. We have many people cutting down this new driveway road. So now making our private street not very private. Is there anything that I can do?

Asked on March 29, 2019 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can't do anything: it is the neighbor's property, and if they are willing to let people use their driveway (or simply don't care if anyone does), that is their business, not yours. You have no right to regulate what they do with their property (with one exception; see below). They could clearly take steps to stop this (e.g. a gate) but you can't.
If they violated any local zoning or building ordinances in doing this, however, the local government can fine them and/or take steps to force them to restore the situation to what it had been before. A good idea would be to contact your local building department, describe the situation, and find out if this was allowed. If not, you can look to file a complaint with the department.


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