My neighbor constantly parks in front of my driveway, what can I do about it?
April 6, 2024 | 50,00 EUR | answered by Paul Heuser
Dear attorney specializing in neighborhood law,
I am reaching out to you because I am facing a problem with my neighbor. My neighbor, Mr. Müller, constantly parks in front of my driveway, blocking my access to my property. This situation occurs regularly and significantly affects me, as I am no longer able to easily access my property.
The current situation is that every time Mr. Müller parks his car in front of my driveway, I have difficulties getting into my garage or parking my car. This leads to considerable stress and inconvenience for me. Despite multiple requests to stop, the situation has not changed and the parking in front of my driveway continues.
My concern is that this situation is not only annoying but could also be legally problematic. I am wondering if Mr. Müller even has the right to park his car in front of my driveway and what legal steps I can take to resolve this situation. Is there a way to compel Mr. Müller to park his car elsewhere?
I would greatly appreciate it if you could provide me with possible solutions to resolve this issue and protect my rights as a property owner. Thank you in advance for your assistance.
Sincerely,
Johann Winterberg
Dear Mr. Winterberg,
Thank you for your inquiry regarding the issue with your neighbor, Mr. Müller, who constantly parks in front of your driveway and thereby blocks your access to your property. This situation is certainly very distressing and can lead to significant stress.
Regarding your concern, I would like to inform you that parking in front of your driveway is legally considered as a "driveway obstruction" and is generally not permissible. According to neighbor law, as a property owner, you have the right to keep your driveway clear and be able to use it without interference. This means that Mr. Müller is not authorized to park his car in front of your driveway and thereby block your access to your property.
Since you have already asked Mr. Müller several times to stop this behavior and nothing has changed, it is advisable to take legal action to resolve the problem. First, you should once again, in writing and with proof (e.g. by registered mail), ask Mr. Müller to stop parking in front of your driveway and give him a reasonable deadline to change his behavior.
If Mr. Müller continues to park in front of your driveway even after the deadline, you can initiate legal proceedings. In this case, you may consider filing a restraining order against Mr. Müller to legally compel him to stop parking in front of your driveway. Additionally, you could also inform the police or the regulatory authority, as parking in front of driveways often violates traffic regulations.
I recommend that you promptly contact a lawyer specializing in neighbor law to discuss your legal options and take appropriate measures. A lawyer can provide comprehensive advice and support you in enforcing your rights.
I hope this information is helpful to you and wish you success in resolving your issue.
Best regards,
Paul Heuser
Attorney specializing in neighbor law
