Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My neighbor has a driveway on my property for his lakefront house. I also have my own driveway on my property a few feet away from his. I plan to remodel my home and would like to use the same driveway as my neighbor. Can my neighbor prohibit me for doing so? His driveway is on my property and I don’t see why we need two separate driveways.
I assume when you say that your neighbor’s driveway is on your property, that it’s only part of the driveway that we’re talking about, otherwise he’d be parking on your property, too. This is important, because the rules are very different for the part of the driveway that is on your property and the part that is on his.
If we’re talking solely about the part that’s on your property, the answer is probably yes. Typically, driveways that cross another person’s property are created by an easement, and in most cases that easement is “non-exclusive.” What that means is that the property owner (you) can continue to use the driveway area, so long as you don’t unreasonably interfere with the easement owner’s (your neighbor’s) use.
So assuming that you’re going to use the driveway in such a way that your neighbor can keep using it, too, you should probably be okay.
Of course, the first thing you should do is look at the document which created the easement to make sure it is non-exclusive. If it is an exclusive easement, then you have no right to use it whatsoever.
And finally, regardless of what your legal rights turn out to be, it’s always a good idea to be neighborly and discuss these plans with your neighbor before you start.
