ExpertLaw.com Forums

How to Stop Unauthorized Use of My Driveway

Printable View

  • 03-23-2015, 08:32 PM
    mynemisis
    How to Stop Unauthorized Use of My Driveway
    My question involves criminal law for the state of: New Mexico
    Unauthorized use of my driveway for a neighbor who despite repeated requests continues to use rather than his own driveway. Several weeks ago he was blocking my drive as I was leaving and took an inordinate amount of time to move. This man has no drivers license due to multiple DUIs, was in a borrowed vehicle, and is the scourge of the neighborhood. Today, coming home from a shopping trip, my handcarved address sign was destroyed and thrown to the ground. I can't prove it was him, but all points to him. What can I do?
  • 03-23-2015, 08:39 PM
    Mr. Knowitall
    Re: Unauthorized Use of My Driveway
    You can stop by the police station to discuss whether they can assist with the use of your driveway, and also to make a report on the property damage; without evidence about who committed the act, though, nothing is going to come of the report on the damaged sign.
  • 03-23-2015, 08:47 PM
    Disagreeable
    Re: Unauthorized Use of My Driveway
    Also put up a no trespassing sign, so you can file charges against him.
  • 03-23-2015, 10:13 PM
    John_28
    Re: Unauthorized Use of My Driveway
    Quote:

    Quoting mynemisis
    View Post
    My question involves criminal law for the state of: New Mexico
    Unauthorized use of my driveway for a neighbor who despite repeated requests continues to use rather than his own driveway. Several weeks ago he was blocking my drive as I was leaving and took an inordinate amount of time to move. This man has no drivers license due to multiple DUIs, was in a borrowed vehicle, and is the scourge of the neighborhood. Today, coming home from a shopping trip, my handcarved address sign was destroyed and thrown to the ground. I can't prove it was him, but all points to him. What can I do?


    Don't touch the sign. Ask the police to take fingerprints from the sign, and hope that your crazy neighbor's fingerprints show up on the sign.
  • 03-24-2015, 06:58 AM
    DeputyDog
    Re: Unauthorized Use of My Driveway
    Quote:

    Quoting John_28
    View Post
    Don't touch the sign. Ask the police to take fingerprints from the sign, and hope that your crazy neighbor's fingerprints show up on the sign.

    You must say some of the things you do on here just to be funny.

    There's not likely to be any fingerprints able to be lifted from a wooden sign and even if there were, the chances that the police would dust for fingerprints in a case like this, even in the smallest of villages where they have nothing better to do, are non existent.
  • 03-24-2015, 08:53 AM
    adjusterjack
    Re: Unauthorized Use of My Driveway
    Quote:

    Quoting mynemisis
    View Post
    My question involves criminal law for the state of: New Mexico
    Unauthorized use of my driveway for a neighbor who despite repeated requests continues to use rather than his own driveway. Several weeks ago he was blocking my drive as I was leaving and took an inordinate amount of time to move. This man has no drivers license due to multiple DUIs, was in a borrowed vehicle, and is the scourge of the neighborhood. Today, coming home from a shopping trip, my handcarved address sign was destroyed and thrown to the ground. I can't prove it was him, but all points to him. What can I do?

    Call the police when his car blocks or is in your driveway.

    Call the police when he drives off so they can catch him driving without a license.

    Set up a hidden video camera to record what he's doing.

    Be prepared to defend yourself when his hostility escalates.
  • 03-24-2015, 07:57 PM
    Who'sThatGuy
    Re: Unauthorized Use of My Driveway
    Quote:

    Quoting John_28
    View Post
    Don't touch the sign. Ask the police to take fingerprints from the sign, and hope that your crazy neighbor's fingerprints show up on the sign.

    I would hate to see what the tax payers in this town pay...
  • 03-24-2015, 08:13 PM
    cdwjava
    Re: Unauthorized Use of My Driveway
    They're simply NOT going to print a downed sign for this sort of a call.
  • 03-25-2015, 07:57 PM
    mynemisis
    Re: Unauthorized Use of My Driveway
    Quote:

    Quoting adjusterjack
    View Post
    Call the police when his car blocks or is in your driveway.

    Call the police when he drives off so they can catch him driving without a license.

    Set up a hidden video camera to record what he's doing.

    Be prepared to defend yourself when his hostility escalates.

    I'm 15-30 min response time at best for police. I tried a game cam and he disabled/destroyed it-managed to get it open and removed the SD card.
    I'll post the property/drive with No trespass sign, reinstall an address sign and can only hope to catch him. I will have my cell camera on when I go down the drive.
    I'm very rural, drive is 1/4 mi. long and over a mile from the highway. Few neighbors, most older and not close enough to have a visual to alert me.
  • 03-25-2015, 08:08 PM
    jk
    Re: Unauthorized Use of My Driveway
    I thought I posted to this the other day but apparently something happened to it so, I'll ask again:

    Quote:

    Unauthorized use of my driveway for a neighbor who despite repeated requests continues to use rather than his own driveway.
    does your driveway lead to his home also?

    If so, usually this sort if thing doesn't happen unless there was either permissive use or an easement. Can you explain how he uses your driveway to access his home? and are you certain there is no easement?
  • 03-25-2015, 09:07 PM
    LawResearcherMissy
    Re: Unauthorized Use of My Driveway
    Quote:

    They're simply NOT going to print a downed sign for this sort of a call.
    Seriously.

    I think some people watch entirely too much TV. I'd be mad as hell if my local PD wasted time dusting for prints on a sign.
  • 03-26-2015, 02:48 PM
    Mephis
    Re: Unauthorized Use of My Driveway
    I would like to see an answer to jk's questions. If OP's driveway is a 1/4 mile long and it just happens to lead to both the OP house and the neighboring residence it makes me think there is some type of boundary issue.
  • 03-26-2015, 03:10 PM
    llworking
    Re: Unauthorized Use of My Driveway
    Quote:

    Quoting Mephis
    View Post
    I would like to see an answer to jk's questions. If OP's driveway is a 1/4 mile long and it just happens to lead to both the OP house and the neighboring residence it makes me think there is some type of boundary issue.

    I would like to see an answer to jk's questions but would also like to know WHY the neighbor is using someone else's driveway when the neighbor has one of their own.

    If there is no easement I would be tempted to install a gate with a lock.
  • 03-26-2015, 03:52 PM
    Who'sThatGuy
    Re: Unauthorized Use of My Driveway
    Quote:

    Quoting LawResearcherMissy
    View Post
    Seriously.

    I think some people watch entirely too much TV. I'd be mad as hell if my local PD wasted time dusting for prints on a sign.

    Time and money!
  • 03-26-2015, 07:05 PM
    John_28
    Re: Unauthorized Use of My Driveway
    Quote:

    Quoting LawResearcherMissy
    View Post
    Seriously.

    I think some people watch entirely too much TV. I'd be mad as hell if my local PD wasted time dusting for prints on a sign.

    OK. Since the police can lie in interrogations, then perhaps the police can tell the neighbor that his prints were found on the sign. Perhaps the neighbor will be scared into confessing.
  • 03-26-2015, 07:14 PM
    Who'sThatGuy
    Re: Unauthorized Use of My Driveway
    Quote:

    Quoting John_28
    View Post
    OK. Since the police can lie in interrogations, then perhaps the police can tell the neighbor that his prints were found on the sign. Perhaps the neighbor will be scared into confessing.


    I'm sure it could work if the neighbor was stupid enough to believe that the police would waste thousands of dollars and manpower to print for something that were so petty.
  • 03-27-2015, 05:16 PM
    mynemisis
    Re: Unauthorized Use of My Driveway
    My drive goes by his property and he has opened up an access. He has no easement, his drive is 300ft north, but mine is closer to his front door.

    - - - Updated - - -

    Maybe this will clarify.. Note notations
    http://img.photobucket.com/albums/v6...psvwsi065h.jpg
  • 03-27-2015, 05:44 PM
    llworking
    Re: Unauthorized Use of My Driveway
    Quote:

    Quoting mynemisis
    View Post
    My drive goes by his property and he has opened up an access. He has no easement, his drive is 300ft north, but mine is closer to his front door.

    - - - Updated - - -

    Maybe this will clarify.. Note notations
    http://img.photobucket.com/albums/v6...psvwsi065h.jpg

    Put up a gate with a lock. Problem solved.
  • 03-27-2015, 05:45 PM
    jk
    Re: Unauthorized Use of My Driveway
    yes, that helps a lot.



    so, start with sending him a certified letter telling him he is not allowed on your land and any entry would be considered a trespass.

    Post another sign (make it a cheap one since it appears he will likely destroy it anyway). Take pictures of the sign in place.

    always carry a camera with you. Take pictures of any time you see him on yuor land. Take pictures of any obvious signs he is using your land, especially if it leads to his land.

    call the police any time you see him on the property and seek to file trespassing charges.


    I would consider installing a section of fence to block his current pathway. Again, document everything with photos.


    If you can, a mounted camera would be good. Possible a hidden hunter's camera. If you are really into high tech you can use a camera that transmits to an offsite location. That way if he destroys the camera you have actual proof of it.
  • 03-27-2015, 06:54 PM
    Who'sThatGuy
    Re: Unauthorized Use of My Driveway
    Place some large rocks/boulders on the side that is in question. This will block his entrance way to his land.

    Rocks/boulders are usually free when excavation is needed to clear land. Sometimes they will even deliver them for free if you're within a certain mileage range.
  • 03-27-2015, 07:09 PM
    Disagreeable
    Re: Unauthorized Use of My Driveway
    Put up a gate with a remote. It will operate just like a garage door without you getting out of the car.
  • 03-27-2015, 07:18 PM
    LawResearcherMissy
    Re: Unauthorized Use of My Driveway
    Quote:

    OK. Since the police can lie in interrogations, then perhaps the police can tell the neighbor that his prints were found on the sign. Perhaps the neighbor will be scared into confessing.
    Turn off the TV and go outside, dude. You've got a really skewed notion of what the cops will even come out for! My garage was recently broken into. My car was vandalized and disabled (if you try to hotwire a Prius, it bricks itself, and you have to take it to the dealer to have the OS reinstalled. No, I'm not kidding.), items were stolen from my car, and my garage door was damaged. The cops would not come out. I had to go downtown to the police station and file a report in person.

    You are totally delusional if you think they're going to come out over a busted sign.

    Quote:

    Put up a gate with a remote. It will operate just like a garage door without you getting out of the car.
    This does seem to be the most expedient solution. Perhaps a bit spendy, but far less of a headache than jk's (very good, but very time-consuming) suggestion.
  • 03-27-2015, 07:30 PM
    Who'sThatGuy
    Re: Unauthorized Use of My Driveway
    Cheap solution. Head to your local home improvement center and pick up a couple boxes of nails. Drop a few boxes of nails all over the area in question and make sure you do it with the cover of darkness so no one can identify a suspect.

    I'm sure after a few flat tires in the morning he would change his route, I would.
  • 03-27-2015, 08:10 PM
    mynemisis
    Re: Unauthorized Use of My Driveway
    Well, a gate would be nice but would cut into my SS check for several months and I like to eat. 45 ammo is less but more problems after. This is what this alcoholic A$$ looks like, really!http://img.photobucket.com/albums/v6...psb2srtewg.jpg
All times are GMT -7. The time now is 10:46 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved