My driveway entrance, is it still mine?

[bubbaboo13]

What is the name of your state (only U.S. law)? Louisiana

Is the entrance to my driveway still mine if the driveway's gone?

In what used to be my driveway now sits a carriage (guest) house. There's two feet or so left of the driveway then sidewalk then the driveway entrance or "apron."

The apron is basically flat, wide and deep enough to park a car on it parallel to the street and still leave plenty of room between it and the sidewalk.

My neighbor's driveway runs very close and parallel to where mine use to be. Our driveway aprons meet. This neighbor has basically taken over my apron and made his driveway an "L" shape. One of his cars is always parked on my driveway apron.

His contention? No driveway, no right of way, it's public parking. My response is that I'm still responsible for the upkeep of and any repairs needed to the apron and sidewalk. The city holds me responsible because the driveway entrance is for private, not public use.

Even if the city were to require I take measures to restore the curb (which they won't), between now and re-construction beginning, I don't think he should be parking on my driveway entrance. I want to be able to park there!

So, what do you think?

 

[seniorjudge]

One of his cars is always parked on my driveway apron.


That's trespassing.

Is this in NOLA?

I've seen your kind of situation a lot in NOLA.

 

[bubbaboo13]

I live in NOLA, yes, uptown.

First, I'd like to know if my contention is sound. If so, then I'd like to get something I can print out and show my neighbor that, indeed, it's not public parking and still mine.

This isn't a nasty fight between my neighbor and I, he just contends one thing, me another. If I can show him something that says I'm right, he'll stop parking on my apron (and just get a little miffed about it).

 

[FarmerJ]

Arrange for a boundry survey that shows where the driveway sits in relation to the property lines. If it confirms what you know to be your property lines. Then present a copy to the nieghbor with a letter asking them to stop using it sent via confirmed mail delivery. If they ignore it then speak to a real estate atty and have them do a letter for you.