Q: Can my neighbor keep her gate open if it is blocking my driveway. What are my options for relief?
My neighbors fence is partially blocking access to our driveway. We've closed it since it is accessible from our own property, but she continues to open it. What are our options, and what maryland provisions cover this?
A: I suppose it's a form of trespass. Have you tried talking to your neighbor? If that fails, provide her with written notice not to open her gate across your driveway, which blocks your access in and out of your property. If she does it again, I suppose you can file trespass charges (I doubt seriously the police will be happy coming out for this kind of dispute) or you can sue civilly for nuisance and interference with property rights, and request an injunction against her from obstructing your driveway with her gate. All of that seems like overkill and a very expensive way to go. You might also consider erecting some form of barrier or install a post along the property line that prevents her gate from opening past the edge of your property. Or perhaps you can convince her to have her gate open the opposite way than across your driveway, and offer to help her do it if you're handy with tools. That's not legal advice, just a few practical common sense solutions. You will have to live next door to this neighbor, so whatever you do, try to keep the peace as opposed to taking actions that will escalate matters.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.