What legally constitutes a person’s property?

UPDATED: Sep 12, 2011

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What legally constitutes a person’s property?

I have neighbors who continually back in my driveway to turn around. I have 2 young children who play in the driveway. More than once the neighbor has backed into my driveway very quickly, coming close to striking my children. I have asked them to stop but have been ignored. I have called the police. More than once. They say there is nothing they can do about it until someone is hit by a vehicle. My wife went to the police station today. The chief of police told her there is nothing they can do. He said the neighbor could park their car in my driveway and the police could do nothing about. Isn’t my driveway my property?

Asked on September 12, 2011 under Real Estate Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the driveway that is being used by your neighbor to back in and turn around is on your property, then you have the right to control who uses and who does not use your driveway. I see your annoyance about how the neighbor continuously backs into your driveway quickly with complete disregard as to who or what may be in the area, namely your children.

You should have a face to face meeting with your neighbor about the use of your driveway and the safety issues that have manifested due to his or her use of it and what can be done to rectify it.

If the meeting does not resolve the problem with the neighbor and he or she continues to back into your driveway in such a way to constitute a danger to your children or continues to back into the driveway where you simply want the conduct to cease, you should consult with a real estate attorney seeking a cease and desist letter be written on your behalf and if that does not stop the problem, your future legal options.

Good luck.

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.

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