My question is about property trespass. I have a driveway on my property that exists for the use of the mailman, and delivery trucks. My house is on a corner, the driveway runs from the street in front down the length of the property (150') alongside my house, and exits to a public alley that runs across the block, a 90 degree turn from my driveway. There is a public street about 25' west of the driveway. My neighbor to the rear drives in and out of his property using my driveway, though he has access to the street about 10' from his parking space.He also lately has apparently told his friends and relatives to use my driveway to access his property, instead of the street, which results in a steady stream of cars and trucks turning into my property and passing alongside my house to the rear to his property. I am not on very good terms with my neighbor, having had other disputes in the past. He is about 80 years old, I am 73. He owns several properties in the vicinity, and said on one occasion he wants to own mine. I own four lots, adjoining each other, 50'x150', and my house sits on two of them, the other two are vacant. Our properties are within the city limits. I want to stop this unauthorized use of my driveway, but I'm not able to place a gate at either end, access and egress must be kept open. Is there some kind of legal posting I can do? Our city is in a rural area, and my neighbor has shown by past actions that he has little regard for law.
1 Answer from Attorneys
I have included below the statutes that you should follow. Place a No Trespassing sign at both entrances to the driveway, make sure your name is on them an sign them. Possibly add a sign indicating: "for deliveries only"
Then you will have a right to call the police if the driveway is used. This assumes you own the entire drive, and have not allowed its public use for too long, otherwise the driveway could be subject to an easement. Good Luck.
12.1-22-03. Criminal trespass
3. An individual is guilty of a class B misdemeanor if, knowing that that individual is not
licensed or privileged to do so, the individual enters or remains in any place as to
which notice against trespass is given by actual communication to the actor by the
individual in charge of the premises or other authorized individual or by posting in a
manner reasonably likely to come to the attention of intruders. The name of the
person posting the premises must appear on each sign in legible characters. An
individual who violates this subsection is guilty of a class A misdemeanor for the
second or subsequent offense within a two-year period.
4. An individual is guilty of a class B misdemeanor if that individual remains upon the
property of another after being requested to leave the property by a duly authorized
individual. An individual who violates this subsection is guilty of a class A
misdemeanor for the second or subsequent offense within a two-year period.
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