Legal Question in Real Estate Law in Ohio

Neighbors destroying driveway.

I have a little section of driveway that comes up from our street then hits the public sidewalk and then continues on into our main driveway. Do I own that little part of driveway by the street or not??

The reason I'm asking is I have a neighbor across the street that use that little section of driveway to back their car into so they can pull out onto the street. Well needless to say they are destroying the little section of driveway by running up on the very edges and it is starting to break away. and I've asked them to please keep off of it. They called the police on me and I told the cop what was going on, but was told by the cop that it was a public right-away and that anyone could use that little section of driveway as they saw fit.

I know I am responsible for the upkeep of it, but not sure if I have the right to tell them to stay off of it or not. I just don't want to have to pay to fix my driveway that I didn't ruin in the first place


Asked on 7/10/09, 10:36 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Neighbors destroying driveway.

Dear Concerned Driveway Owner:

The part of the driveway causing you concern is a public right-of-way, and you may not restrict its use by anyone.

Unfortunately, you'll have to make repairs, or wait for the City to do it and they'll probably charge you for the cost of repairs.

It's all part of the rights and enjoyment of ownership.

Good luck.

Sincerely, J. Norman Stark

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Answered on 7/13/09, 8:11 am


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