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Question

My neighbor has driveway access to his home through my property. Does he have the right to landscape the part of my property which is in front of his house?

Submitted: 721 days and 2 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Optional Information

Optional Information:
orinda, California

Already Tried:
I only asked you so far.

Posted by J D Haas 721 days and 2 hours ago.

Info Request

Does he have an easement across your property?

721 days and 2 hours ago.

Reply

Yes, My property is rectangle with the short rectangle side fronting the street. There is one driveway entrance from the street into the rectangle which splits into two driveways. One is mine that goes to the right and his goes to the left diagonally so the left part of the rectangle which is in front of his house and fronting the street is my property in question.

Accepted Answer

If the access is an easement, that is still your property and your neighbor can use the driveway, but the neighbor cannot plant things on your property because the neighbor has no legal right to effect your property. In other words, the neighbor can use the driveway, but that is it. You still own the land, you are just letting the neighbor use the driveway. If the neighbor plants things on your property, and takes similar action, the neighbor might be trying to get title to your property through adverse possession.

You should consult with a property lawyer in your state and you should consider having the neighbor dig up everything immediately that is on your property. Good luck.

I hope that I have helped, answered all of your questions, and that I have provided you with useful information. Please contact me if I have not answered all of your questions. If my answer is satisfactory please accept it. I really appreciate positive feedback.

In the future, you can specifically request that I work with you on your legal question. If you have specifically requested that I answer this question, thank you.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

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Expert: J D Haas
Pos. Feedback: 99.0 %
Accepts: 
Answered: 12/1/2007

Lawyer (JD)

21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials

721 days and 2 hours ago.

Reply

Thank you. I accept your answer and I will consult a local attorney as you suggest. I gave you positive feedback. How much am I being charged?

Posted by J D Haas 721 days and 2 hours ago.

Info Request

You are being charged the $15.00 that you were billed. Is that acceptable?

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