neighbor using my driveway

[AQueenMom]

What is the name of your state (only U.S. law)? Virginia
My neighbor has been using my driveway before we ever bought our house, he has a driveway of his own but has it blocked off with his horse fence,so it is easier and cheaper to use ours for him. Our driveway is long and gravel and it is expensive upkeep. He moved out of his house over 4 yrs ago and started renting it out, his last renter had a boat, horse trailer, 2 big trucks and a plumbing truck, we need gravel again and do not want to pay for it just so he and his renters can destroy again. I sent a letter two months ago asking him to stop using our driveway and open his but he has done nothing and now looking for new renters. I been told to put a fence up but that is expensive, what is my legal stand here?

 

[154NH773]

what is my legal stand here?

If you are certain that no easement exists in favor of your neighbor, then you are within your rights to block his access to your driveway in any way you wish. You should resend the letter, Certified Return Receipt, to his address of record (from Town tax records).

If he feels that he somehow acquired a right to use your driveway, then he will have to sue in court to assert that right.

 

[FarmerJ]

Agreed , make sure there is no recorded easement giving this other property the right to cross yours and if there is none block it , you didnt say how long you have lived there but if it is only a short time there should be no reason to not block it and make him sue you to prove he has right to use it. Since house is empty next door its perfect time to do this. AND if you havent had a boundry survey done get one , then call the call before you dig number make sure there is nothing buried out front and out back where your property meets his and go to local hardware buy some copper grounding rods for electric service, cut in half and drive down just a couple inches your side of the lot line leaving it deep enough that you wont run it over with lawn mower , doing that will make it alot easier to find it in the future with a metal detector.