Legal Question in Real Estate Law in California

Generally you do have the right to exclude him from using your driveway. There is never any assurance, however, that a neighbor will not find a lawyer who comes up with some legal theory and presses it in court, even if its a loser case. Also, without reviewing the title records and history of use of the driveway, it is impossible to conclusively state that he or a predecessor in interest to his property has not somehow obtained some form of easement. Since his use under your ownership has only been with your knowledge and consent, he would not have acquired any rights during your ownership, but conduct in the distant past, if it can be proved by admissible evidence in the present, can affect current rights. So it might be best, particularly when neighborly harmony is factored in, to offer to sell him a license or easement that sets forth exactly when he can use your driveway and under what terms and conditions, then record a quitclaim deed to your property from him to cancel out any old historical theories or claims, followed by recording the license or easement document. That would then set up clear rights and obligations between you and him, including limitations on his use, repair and maintenance obligations on his part if the heavy trucks affect your driveway, etc., in exchange for him getting clear right to the limited access he really needs.