My neighbor's side door faces my driveway

[Marlene21]

What is the name of your state?NY, County of Queens.

My neighbor's has a side door that faces my driveway.

He uses it constantly to unload his packages. I have words with him as he doesn't ask. The one time I did, was because I was sitting in the car. But he didn't ask, he just said he was going to use it.

I feel bullied and harassed. Do I have a case? What is the next step?

Also, if I put up a fence, can he complain? Can he have it taken down?

 

[quincy]

You could write him a letter saying that he needs to ask permission before using your driveway and, if he fails to get permission prior to use, you might find it necessary to construct a fence between the properties. You should check to make sure fences (or perhaps a thorny hedge) are permitted first.

 

[zddoodah]

He uses it constantly to unload his packages.

I assume "it" refers to your driveway, but what exactly does "unload his packages" mean? And how frequently is "constantly"? Give us an example of what is happening because my first thought on reading this was that, in the process of unloading things (e.g., bags of groceries) from his car into his house, he's stepping on the edge of your driveway for no more than a couple minutes. However, maybe it's something more than that. In other words, details matter.

I feel bullied and harassed. Do I have a case?

A case of what? What harm have you suffered as a result of what your neighbor has done, and what is he doing that causes you to "feel bullied and harassed"? You wrote that you had words with him, but the only thing you wrote that he has done is that "he said he was going to use it." Going from one instance of him saying that "he was going to use it" to "feel[ing] bullied and harassed" is a pretty monumental leap.

Also, if I put up a fence, can he complain?

Of course he can complain. Anyone can complain about anything.

Can he have it taken down?

Depends on where you put it and on any relevant laws/regulations. It's possible that Queens has laws that limit how close to the property line a fence can be installed or how high it is or what it's made of, etc.

 

[LdiJ]

What is the name of your state?NY, County of Queens.

My neighbor's has a side door that faces my driveway.

He uses it constantly to unload his packages. I have words with him as he doesn't ask. The one time I did, was because I was sitting in the car. But he didn't ask, he just said he was going to use it.

I feel bullied and harassed. Do I have a case? What is the next step?

Also, if I put up a fence, can he complain? Can he have it taken down?

After reading what others have responded to you and pondering the issue, I am going to ask you some questions that I hope you will come back and answer.

Does his side door open directly onto your driveway?
If not, does he have a walkway on his own property that leads to his side door?
What is the distance between your driveway and his side door?
What is the distance between where he can park his car on his driveway and his side door?

What I am trying to figure out is if you could be in an urban area where there is a chance that the guy could possibly have an easement to use your driveway for the purpose he is using it for, that you are unaware of, or whether he is totally being a jerk.

 

[FarmerJ]

Also with what LDIJ asked how much of the space between his door and your driveway is his lot ( where is the lot line? ) also once you know for sure if there is a easement or not and there is no easement then I also suggest you learn what your cities laws are regarding posting private parking -private driveway & tow zone types of signage and consider posting the driveway and actually calling a tow truck when you find him parking there

 

[cbg]

I'm curious whether the guy is never supposed to use his side door.

 

[adjusterjack]

I feel bullied and harassed. Do I have a case? What is the next step?

How about finding an aerial view of the two homes on Google maps and give us a link so we can see what's going on?

 

[Mass_Shyster]

Generally, you can build a fence on your own property unless there is some law or ordinance prohibiting it. There may be zoning issues or setback requirements. A local fencing company would probably know the rules.

It would likely be illegal for your neighbor to destroy your fence.