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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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