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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 29282
Experience:  JA Mentor
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I live on a private road. It is an unpaved road and trucks

Customer Question

I live on a private road. It is an unpaved road and trucks come to my area to turn around. Can I stop this?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
Trucks are not allowed on your private road. You could put up a fence or a chain or something to physically block their access, because it's your road and they aren't allowed to be there.
Technically, they're trespassing. Knowingly entering premises where a person isn't allowed to be or staying after being asked to leave is a violation under N.Y. Pen. Laws, Section 140.05. So you actually could call the police if you have evidence that the drivers know they're not supposed to be there. One of the easiest ways to establish that they know not to use the road is to erect "No Trespassing" and "Private Road" signs at the entrance, if you haven't already.
Trespassing is also a civil cause of action. You have the ability to sue the truck company for damages for every single entry onto your property after you originally told them not to be there, as long as you can prove when that happened. There are a couple of ways to do that - one, again, is to post signs. Or you could try sending a letter, via certified mail, explaining in no uncertain terms that they DO NOT have your consent to use that road, and if they do not cease and desist immediately, you will take them to court for compensation for the added burden to your road, plus nominal and punitive damages.
The only exception is if the truck company has used the property, without permission, for at least 10 years. In that scenario, they may have gained what's called a prescriptive easement, and if you took them to court, a judge would likely grant them a permanent right to use the road.
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