Driveway access

[Bpfohio]

What is the name of your state: Ohio

My new neighbors had a driveway where one entrace/exit exists solely on my property. I have an additional drive going from my main driveway to this one due to safety concerns with pulling out to my busy road.

My neighbor is beginning construction on a new home and he and his contractors eliminated the section of the driveway on their property and have been using the entrance on my property to bring in their trucks and heavy equipment and subsequently tearing up my yard.

In the extreme I would like to maintain my portion and eliminate my neighbors and their contractors from using my property to access theirs now and in the future. There are zero easements or shared driveway agreements between myself and the neighbors or with any past owners.

Am I required to give them access to my property since they destroyed their other access and construction seems to point at them intending to use mine primarily at least in the short term?

Also am I legally entitled to have my yard repaired?

 

[justalayman]

How did it come about they would use your property to access theirs? Was there some agreement at some time in the past they could use it? Did they just start using it and nobody objected?
Something else?

 

[Bpfohio]

There was no agreement at all between any parties past or present that I am aware of. One end of the neighbors driveway was always just connected to the end of my second driveway. It was just convenient to have one end exit the road on my property I guess.

As far as the construction company and the new owners using the side on my property as the only access to their building site goes... No one had said anything to me at all. They just used it despite there being a clear property marker stake in the ground from my neighbors land survey clearly showing it wasn't theirs and me mowing around their tractor trailers.

I haven't approached the owners or the construction company yet because 1. I don't want to get started on the wrong foot with people I'm going to live beside for a long time. And 2. I don't know my rights to this particular issue.

Their driveway has always been partially on my land since well before I bought my house and I have no idea if I can ask them not to use access to it from my property because of that and the fact that now it's the main access to their property while construction is going on.

So that's why I posted here. Education because I'm tired of picking up their trash that blows on my yard and deep rutts in my yard that I have to maintain.

 

[FarmerJ]

Go and ask them if they made arrangements to repair the damages to your property from the construction crew using it. If they tell you , NO or that they wont then id say there is no reason you cant park a vehicle of yours there and leave it there until the project is done , then look into your city/ county set back ordinances for fencing and if there is none put in a fence that is 3 inches to your side of the lot line.

 

[154NH773]

If no easement or prior permission exists, then they currently have no right to use the driveway on your property. You may make any arrangement you want with them, or deny them access completely.

Naturally if they decided to challenge you and assert a right to use your property, that will require much more information and documentation for both of you, and the outcome is never certain when a court is involved.

My suggestion is to approach them and explain that their use of your property is dependent on your permission, and if they make repairs after construction and share in on-going maintenance, you will grant an easement or written permission for their continued use.

 

[justalayman]

And even if there was an easement they would be liable for
The overburdening of the easement and the damage it causes beyond what would be normal use.