Not cool. Are they clueless this driveway belongs to you?

Have you talked to them about it?

My opinion is I think the neighbors were rude to install a gate without checking with you first. But i am wondering if they think part of your driveway is public? A friendly conversation would be my next step.

Unless you gave permission, it is technically trespassing and prosecutable. I doubt you want to take it that far but no one has the right to routinely use your property for access without your permisson or granting of a right of way or easement. And typically involves an exchange of money :-)

You are completely within your rights to ask them to (or insist that they) stop using your property without permission. Or you could go the passive-aggressive route and plant a big tree right in front of their gate :-)

They know its our driveway. They talked to us about removing a palm tree that was on the property line to place the fence. They did the fence before they moved in. And oddly, the prior fence had a gate there too. The old neighbors were elderly and never left the house and did not use the old gate. The new neighbors are in the process of moving in and Monday was garbage day so that was the first time I realized this might be a bigger issue.

Hmm. Seems as if they assumed the prior owner's gate offered permitted access to your driveway. Where's their garbage pickup? Must admit I'm getting confused on the layout.

Maybe they just assumed since the old gate was there it would be ok for the new one to be. I definitely agree they should have talked to you before building the gate and using the driveway. But in an effort to keep the peace it might be worth a "friendly" conversation.

Did the new neighbors see the old fence and gate? If they did, then they most likely thought it was OK.

Are you upset that they are using the gate and driveway? Or are you upset that you were not consulted?

And if you don't want them to use your driveway, that is totally within your right.

Honestly I would have been the clueless neighbor. If I saw the gate when buying the property, I would have assumed it was ok as well when replacing the fence. And if you as my neighbor say something, I would be mortified, apologetic, and ask what do you want me to do? Most likely a bottle of wine would be left on your front door too

I don't want to get off on the wrong foot with them. They seem nice. And I don't really mind them using the driveway. But we do have succulents growing along the sides that will get trampled. And we're so glad to see that house getting some love as the prior owner's were unable to maintain it and it has now been completely remodeled. Maybe they could create a little path there but maybe that makes it worse somehow?

If you are ok with them using it, but concerned about your plants, then I think a path is a great idea. But if it was me as the owner, I would want to design exactly what kind of path will be going on my property. So most likely I will spend the time and $$$ installing. Your first priority is postive curb appeal for YOUR home

Do they have another way to take out their trash? Why can't they use their own driveway? Perhaps mention it wasn't used before and issues with it and see what they say.

well, I'd be "that girl" too. this would just irk the heck out of me.

The prior owners kept the cans in the garage and brought them out down their driveway. They did not drive or own a car and used the garage for storage. They were in their 90s and had full-time caregivers. The new owners are a couple in their late 50s-ish with two cars and large garbage and recycling so they are keeping those in the backyard against the new fence. I think there is another gate that opens to their driveway.

I agree that while it might irk me, it's best not to jump to conclusions as a gate would probably lead me to think it had a purpose. I wouldn't "let it go" if it bothered me, but rather approach from the standpoint that they though that was its purpose. Again, what path did the prior owners use?

Trespassing is not cool. Firmly but kindly tell the neighbours they can no longer use your property. This is not a time to worry about being nice.

Being neighborly is like common sense, not everyone really has it. Its one thing to do what you want to your own property that does not involve your neighbors but when your neighbor is also part of it in any shape or form, consult is civil.

My recommendation is to approach your neighbor in a friendly fashion and voice your concerns. They might be openly accepting or take it harshly. try to see their reasoning too. Be courtesy and respectful above all else since they are your neighbors and chances are you will run into them again.

If you are concern about the legality of the fence/gate you can contact your city building and safety and voice your concern their as well if its harming or inhibiting you in anyway. Best of luck.

This is a funky area that was developed under the county in the 80s. It has since been incorporated and is being extensively remodeled as the original owners die off. We bought our house 5 years ago and remodeled it too. The house below is very tight on the width of their lot and we thought the existing gate might be so firemen with a hose could access the backyard.

Growing up when someone had a gate where you could walk on the neighbor's property , it meant that you were very neighborly, Borrow a cup of sugar, check in on your neighbor, share a cup of coffee. Maybe the children were friends and you did not want them near the street as they went back and forth.

NOT taking your garbage down your neighbors driveway.

Well, not to assume the worst of people, but consider someone who thinks nothing of trespassing and using your property without permission might be the kind of people who will sue you if they slip and fall on your driveway. Technically, they might be trespassing, but your knowing that they are doing it might affect any liability you could have.

I might take a passive approach and park my wheelbarrow/garden cart in front of the gate for a while, as if you're working in that part of the garden. Plant something new while you're at it and ask them to please not use that area for walking unless it's an emergency.

I’ve never had any luck with doing the right thing and talking to neighbors about fencing in general. One neighbor agreed with me every time I spoke to him and then just carried on as usual. I had a similar experience in my newer home.

Plant in front of the gate.

But at least you tried to approach it in the right way and no one could fault you for that. Not that they could fault you for planting in front of it but at least to give the neighbors a chance to do the right thing. And if they dont, then plant in front of it.

Just coming home and thought some pictures might help. The first pic is from the street looking up our driveway. The house you see on the left is the new neighbor's. Our house is up and to the left above two smaller lots on the street. The second pic is up the driveway showing the gate. Its located at the beginning of the new fence. And the last pic is looking down our driveway. There were three or four more succulents in the blank dirt area before they took down the two palm trees on the property line and dropped all the tree stuff and smooshed them. I can replace them easily with cuttings from our existing plants so that's not a problem. As I said, we own about two feet on either side of the driveway

Looking at these pics, I must admit it would not be obvious to me this "lane" belongs to a particular person. It looks communal. But I'm not seeing the whole picture. What path should they be using to bring their garbage and recycling to the curb? As Brittney suggested, a drawing (with paths and their owners) might be more helpful for us to understand.

Looking at the picture, I'm wondering if the neighbors even realize the driveway is your property (people can be quite clueless). Regardless, I'd tell them you're planning to plant a hedge/agaves/roses etc along the side there, and don't want the new plants trampled. Then I'd do it. You do not want you property becoming a de facto easement for your neighbors.

Our neighbors have asked us not to set foot on their lot; why?Probablybecause we challenged and won as to where property line is earlier. Nother story. Now they prefer to drag their wheeled barrels across our side yard to the end of their drive. Not that I mind so much but it leaves tracks and done enough makes it a path we don't want. I suggest asking them to respect your boundaries. Maybe they just don't know.

Brittney - Here's my feeble attempt. Maybe helpful?

Ok, I see. I don't think they realize that drive is yours. You've seen them do it once? Perhaps it's because they're reno/moving and the stuff was closer to the gate and your drive than the front of their house? Too messy to bring through their house? Perhaps their driveway was blocked that day? Just some plausible theories. I'd give them the benefit of the doubt when approaching them about it. Most people are well intentioned. :)

This has been interesting with many different ideas and interpretations. I think it's always a difficult thing, even when handled as delicately or tactfully as possible, it just sometimes does not go well. Then, maybe it will, right? Hopefully it will for you and you'll let the forum know what worked or not. I have found the phrase, "you may not be aware that..." a good way to start this type of conversation. Good luck!

Thanks everyone! They definitely know that this is our private driveway. We have no plans to do so, but legally we could build another fence right next to theirs or put an electric security gate at the bottom of the drive as many have already done in the hood.

First I would double, triple check my deed and property description. Usually when a home is built on a lot behind another lot there is an access easement through the front property to the property in the back. Another reason I would suspect this is the proximity of their home to the driveway. It looks closer than typical setbacks from the property lines.

This also looks like it may be Southern California. See link below. Your driveway is no longer "private property", As long as it is open from the street and accessible to kids chasing a ball or a mailman walking to your front door it is searchable by police without permission and not protected as private property. I learned this when a neighbor packed all of her husbands belongings into a truck and parked it in our driveway. She was perfectly within her rights to park it there. I could file a complaint and have the vehicle towed, but they couldn't do anything to her for parking the vehicle there. or stop her from doing it again. I think she thought my husband and I would have it towed and this would cause additional angst for her husband, so we left it sit there until he was able to come and get it.

http://www.allgov.com/news/top-stories/court-rules-that-your-driveway-is-not-private-propertyunless-youre-rich?news=841368

I think it would be reasonable to ask them if it was a short term/one time use, or if they were planning on doing that on a regular basis. if they say that was the plan for how they always take out their garbage, then you can bring up your concern that technically they don’t have right if way access to use your driveway for something like that, and ask if they could come up with another plan, even explaining what the former neighbors did. Might be more friendly and we’ll received to do this as you bring a welcome gift or something... a gentle approach to start with might help establish a good long term neighbor.

Yikes Jennifer! Maybe we should build that security gate at the bottom to make it "private". And if someone parked in our driveway we wouldn't be able to get in or out; its too narrow. So we'd have to tow it out. These are three separate parcels with no easement. That house isn't quite as close as it looks.

The driveway itself may or may not be "public property" but I suspect the little strip of land on the side is private property regardless, so, I'd want to protect my right to that little strip.

It's understandable on account of the prior gate how the neighbors could make the wrong assumption. And it's irksome that they would presume it OK to use your drive for taking the trash. Since they're new and you don't know them well, this could go either way. If you need a solution that basically gets you off the hook, remember there is always available for use, the miracle phrase: "FOR INSURANCE PURPOSES." This phrase gets anyone to stop anything without any questions asked, or even so much as suspecting that the messenger is the originator of it, provided you accompany it with an innocent little story ... "We went to renew our homeowners insurance. They asked if anyone else had regular access to any portion of our property. We remembered that gate (that formerly went unused for X number of decades) to which they said we were going to have to pay a small surcharge on account of there being an additional access point available to non-residents! $60 more! I was shocked!! If you want to pay that surcharge we don't mind your using the path. If not, I guess we're going to have to return to not using that gate anymore except in emergencies ... which is why, I guess, the old neighbors put in, in the first place. The insurance company even said we had to put a lock on it!" Later, should you become good friends with the new neighbors, and wish to have them using the gate, you can throw the restriction out the window ... "Oh, it's OK. The insurance company is never going to know about it anyway."

Never forget it: FOR INSURANCE PURPOSES. :-)

Where I live if you routinely allow someone to access your property eventually they can assert a de facto easement. I suggest you review if this is a potential where you live and then if needful, take action to protect your property.

If I was the new neighbor, I would be shocked to learn that the paved road is private property. Especially since there was already a gate there. Are you absolutely, positively sure they know it's YOUR private property?

And you probably better find out for certain that it IS your private property.

Then, I'd throw around the "for insurance purposes" phrase generously and make sure they cease and desist from using it pronto.

"Never forget it: FOR INSURANCE PURPOSES."

Excellent advice!!!

I know it might seem strange to some but these tarmac driveways are very common in this area, especially the longer uphill driveways are either tarmac or pavers. This is north county coastal San Diego on ancient sandstone bluffs. We have earthquakes and also general movement, so cement cracks and buckles up. At the top of the drive there is a much larger flat cement pad with a 3-car garage and additional parking. Our drive needs to be resurfaced. We got bids to do pavers around $100k. Maybe someday.

My first thought was insurance, as Yardvaark mentioned. If they trip and fall on your property while lugging trash over a crack in the pavement, you have a big problem. And then there's the easement thing too.

@jmm1837, the ruling was made to allow police the right to access and search - it is basically giving them the right to any area between the street and your front door. The result was that it then made any claim of trespass invalid. Most other areas of the country this is all private property and protected from trespass, but not in the 7 states in the 9th circuit jurisdiction. Someday we will have no rights on our own property, just liability.

Big Brother strikes again.