Neighbor using my driveway

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

My neighbor has been using our driveway before we owned the house 10yrs now. He has his own driveway but blocked it off for his horses. But now they moved and he rents the house out and there are a lot of big trucks going in and out of our gravel driveway and no one is helping with the upkeep or expense of gravel and I would like for him to reopen his and stop using ours. How can I do this?

AQueenMom said:

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

My neighbor has been using our driveway before we owned the house 10yrs now. He has his own driveway but blocked it off for his horses. But now they moved and he rents the house out and there are a lot of big trucks going in and out of our gravel driveway and no one is helping with the upkeep or expense of gravel and I would like for him to reopen his and stop using ours. How can I do this?

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Demand he immediately cease and desist trespassing on your land. You may with to have an attorney draft the letter.

If he doesn't comply, sue him.

Personally, I'd install a gate...

Or some saw horses.

swalsh411 said:

Or some saw horses.

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Saw horses can be moved or just simply vanish.

Stevef said:

Demand he immediately cease and desist trespassing on your land. You may with to have an attorney draft the letter.

If he doesn't comply, sue him.

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No need to be super nasty at this point. Since he's a new renter, tell him that perhaps he didn't understand from the owner that this is your driveway, not a common one, and he doesn't have permission to use it. Tell him that the owner used to have a driveway, but he repurposed it and that the if the renter needs access for his trucks he ought to talk to the owner about reopening the old driveway. See what the reaction is, and go from there.

Zigner said:

Saw horses can be moved or just simply vanish.

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I know but if he put some saw horses up nobody else could claim they thought it was ok to use the driveway.

swalsh411 said:

I know but if he put some saw horses up nobody else could claim they thought it was ok to use the driveway.

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Except the guy next door.

Zigner said:

Personally, I'd install a gate...

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I have found a chain suspended about 3 feet off the ground works very well.

Put a lock on it and a sign that says, "No trespassing".

Alex23 said:

Except the guy next door.

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And he would have to move them out of the way or run over them. But he couldn't claim he had no idea he wasn't supposed to use the driveway. It's cheaper than a hastily constructed gate and serves the same purpose.

We had the same problem with our neighbor a couple years back. We found it to be MUCH easier to get property lines established in writing (for the renter to be clear as to who's driveway it really was) and for the owner to be written a letter giving them a certain time period to rectify the situation> we chose 30 days as it takes time to build new fences etc as our neighbor also had horses). We didnt have a problem but then again we took a much milder approach (i've always been told one catches more flies with honey than vinegar ) that seemed to work.


NOW the other option OP has is to approach the neighbor and come to an agreement that if the use of the driveway is to continue (and get everything in writing) then it is the responsibility of the neighbor to maintain the driveway, at the neighbors personal expense, in a manner OP finds acceptable. If the driveway is not maintained properly then OP could inform the neighbor to cease use and reopen his. Might end up being easier this way as the real issue OP has is the neighbor not maintaining the driveway.