What to do if the neighbor behind me has landlocked property and uses my driveway to access their home?

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What to do if the neighbor behind me has landlocked property and uses my driveway to access their home?

They speed and are reckless; I fear for children/pet safety. There’s constant travel with bandmates, friends, family and has become a burden. My deed does no list an easement and there are no “easement papers” to refer to. I’ve been letting them use my driveway since there’s no other access, which is at 500ft and runs through my backyard. I’m required to allow them to access their property through mine since theirs is landlocked but my question is: Exactly who do I have to let access? I know utilities, emergency and the owner, but do I have to let anyone/everyone pass through my private property?

Asked on November 3, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, you need to consult with a real estate attorney about the situation with the landlocked neighbor to see if his or her property is really landlocked. You will need to bring a copy of your deed to the property that you own to the attorney to hopefully resolve the situation.

One option to resolve the problem you are facing is have the neighbor using your property sign a written license agreement setting forth the terms and conditions to use your parcel where the license can be revoked by you as a means of controlling the situation. If the neighbor has no right to use your property, you might want to advise him or her that they need to find other access.

Good luck.


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