Can Road Construction Keep Me From Parking in My Own Driveway, and Force Me to Park on the Street?

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.

“I have road construction going on in front of my house. The construction foreman told me i can’t use my driveway for a couple of days and will have to park in the (under construction)street. Can they make me park in the street and keep me from using my driveway and garage to park my car?”

So you’re asking me whether you can drive your car through a legally sanctioned (I assume they have the proper permits) construction zone, across what could be anything from unpaved dirt to uncured pavement to 20-foot deep ditches, interrupting the construction which they are no doubt trying to complete as quickly as possible so as to restore access, because you need to exercise the right to use your driveway?

Short answer, no.  Regardless of your property rights in the driveway, the street is generally public property, which you use based on your rights as a member of the public.  Like any other member of the public, you can’t cross it when it’s under construction.

If it’s a private road, the analysis is similar, except your rights to cross are based on an agreement with the road owner, which agreement doubtless has an exceptioin for reasonable construction and repair activity (whether or not that exception is explicitly stated).