How can I stop someone from using my residential driveway for commercial purposes?

Written by FreeAdvice Staff
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If you are in a situation where you own a residential property, with a designated residential driveway, that others are using for commercial purposes, you have legal recourse to stop them. How to do this will depend on the specifics of the situation.
First, you must have a deed to the residential property. This is legal proof that you are the rightful owner and that you have the right to dictate how the area is used. If you have the deed, the next step is to determine who is supposed to be using the driveway. Is it a private driveway that services only your home? Or is the driveway open for other residential users, and the problem is specifically that it is being misused for commercial traffic?
If the driveway is your private driveway and no other residential traffic is allowed to use it, you can go the easy route of installing a gate or other barrier to prevent trespassing. This is one option. It's not feasible or ideal for everyone, but it does eliminate the issue of having to hire a lawyer.
However, if you cannot install a gate, or if you are not the only resident(s) legally entitled to use the driveway, you are going to have to seek legal help. A real estate lawyer or contract lawyer will be your best bet. He or she will be able to assist you in obtaining an injunction against those who are using the driveway for commercial purposes, and the injunction will make it illegal for them to continue the activity. It will also be possible for you to obtain damages to your residential property from past use, meaning, you may be able to claim wear and tear on the driveway, or invasion of privacy. This will not only compensate you, but will also ideally dissuade any future repetition of the behavior.

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