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My neighbor uses my driveway to access his backyard. He’s damaged property. What can I do?
My neighbor started construction on his property last year, creating an addition to his house. The way our properties are set up, he has no access to his backyard. There is a steep hill between where he parks his car and his actual backyard, so he uses my driveway (without my consent) to access his backyard. Construction is nearly finished (we haven’t seen any workers on site for a few months), though he continues to use our driveway. Sometimes he or his son park their car in their backyards, using our driveway to access. Our driveway is composed of loosely packed gravel which is always excessively disturbed at the spot where my neighbor drives up to. Also, his son owns an ATV and a Dirt Bike which he constantly ATV Front Complete rides on our street, and every time he takes off on our driveway, we can see gravel flying everywhere.During the construction of his addition, the workers damaged some trees (pine trees which were about 7 yrs old), as well as some other plants. The pine trees were right on the property border, while the other plants were opposite the driveway. We got the authorities involved, and they said that he has the right to go up to 100′ into our property in order to access his backyard. Now that construction is nearly complete, we don’t feel he should be using our driveway so he could park his car in his backyard (there is AMPLE parking on both our street as well as the front of his yard).I currently live in New Jersey (Hunterdon County) and haven’t been able to get any information regarding this “100-feet law”. Had he built the addition lengthwise, he would have had plenty of space on his property to build himself a driveway. He has not given us any compensation for the shrubbery that was destroyed, nor does he assist us with maintaining the driveway which he readily uses, on a daily basis.We never made an agreement, he never even asked for our consent during the construction. We confronted his son about driving his ATV on our driveway, and the next morning the State Police were at our door, saying the neighbor had filed a complaint that I tried to run his son over with my truck.They say good fences make great neighbors, but the Judge told us we weren’t allowed to build a fence if it would block off access to his backyard. What can we do?!?http://img12.imageshack.us/img12/1157/houseylf.png
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