Common drive

What is the name of your state (only U.S. law)? Virginia
We purchased our home five years ago. There are two properties that share a common drive. According to our survey, three foot of the drive is on our neighbors property. They use this drive as there is no street access to that property. They also use the neighbors drive on the other side to access their property. Three years ago our neighbor passed away and now is in the hands of her daughter, who wants to sell the property. Not once in five years have we had ANY help with maintenance of this drive. We're tired of doing it ourselves. It desperately needs maintenance. We're talking about a 200' drive. We would like to cover our portion of the drive with dirt and boulders for border. We can use the other side of our circular for our access. My question is, can we legally cover our portion of the drive? One other note. Prior to us purchasing our property, both properties were owned by two brothers. Both original property owners and spouses have since passed away.

Any thing recorded to the title granting a formal easement to the property ? If nothing is recorded granting them a easement then arrange for a boundry survey so you know exactly where your lot line is and if your boundry survey shows what you posted to be true then speak to a real estate atty about doing a letter for you if atty give you green light on it to tell the nieghbor they no longer have consent to use any part of your property for access and make your plans to landscape and include moving your driveway so none of it is on the other nieghbors land so this way any rocks and barricades you put in are also on your land.

Icebunny said:

Prior to us purchasing our property, both properties were owned by two brothers. Both original property owners and spouses have since passed away.

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Is the neighbor's parcel "landlocked" or could they get access from the property directly to the street?

If it is landlocked and once there was common ownership then there may be an implied easement for access. But two brothers are not "common ownership". However, perhaps the two brothers inherited the property from their parents? That would be the only basis, short of an express easement for access, that would prevent your plan.

Of course, is seems slightly petty--your complaint is that the neighbor hasn't shared in maintenance. Your solution is to pay for it all yourself, and then to prevent their use. That's okay, but why not see if you can work out an agreement to share the maintenance costs?