Re: How to Get Police to Enforce Trespass Law in New York
Tresspass can be a difficult issue for police to get involved with. If someone who clearly had no business whatsoever being on or near your property was entering it illegally and causing malicious damage, the police might be inclined to get involved. They would probably do so on the basis of the codes covering malicious destruction of property, but might add the charge of tresspassing once it is clear that the suspect has malisciously damaged property and had no business being where he was. If the driveway in question has existed in its current location for many years or even decades, your neighbor very likely has accrued a prescriptive right to continue using the driveway in the same manner he always has, and the police would have no authority to interfere with his legal right to do so. Everything in between gets very legally gray and can create liability issues the police don't want to and shouldn't deal with.
Unless there is some imminent threat to life, health, or property (talking malicious damage, not your annoyance at the neighbor "damaging" your property value by doing what he has done in normal use of a driveway), the police are correct to not get involved and are giving you appropriate advice. See a local attorney who practices in real property rights. After ascertaining some facts, he or she can advise as to whether you have a reasonable chance of success in pursuing an ejectment case or whether you should just learn to live with the situation as is.
I'm a surveyor, not your surveyor & not an attorney.
Advice is general survey, not legal. Hire a local professional for specific advice.