What legally constitutes a person’s property?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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