Are Driveways Private Property?
Are driveways private property? Yes, they are. Just like the house that is on the plot of land, the driveway is considered private property. A driveway at a residential home is not a parking lot, and cannot be access by the public like parking lots. Similarly, just because it is outside does not give patrons the right to walk across or access your land as they would a public park. The driveway of a house is included when the land is bought and is fully in the control and ownership of whomever purchased that land. So again the quick answer to are driveways private property, is yes they are.
What is Trespassing on a Private Driveway
Trespassers are something no one wants on their property in any situation. However, not every person who utilities your driveway is considered a trespasser. So before you call the cops on the minivan using your driveway to turn around, let’s go into what makes a trespasser.
In order for someone to be charged with trespassing, intent to be on the property unlawfully must be established. Typically unless you gave someone specific instructions to not enter your driveway, it will be hard to prove their have intentions of trespassing.
With the laws of trespassing established, it is important to note who is not a trespasser. Those who use your driveway briefly to turn around or reverse directions are not considered trespassers. Likewise, those who have the wrong address and accidentally use your driveway are not trespassers.
Gates and Signs
One of the best way to stop unwelcome patrons or full blown trespassers is the utilization of a driveway gate or signs at the entrance of the property. First and foremost these features will increase privacy because all passer-byes will recognize you do not want them on your property. With a gate or a sign there should be little confusion that unwelcome guests are not wanted.
Private property signs or no trespassing signs are usually the first line of defense against strangers using your land. Although there is nothing solid stopping anyone from encroaching, at least this sign will clear any confusion about intent and privacy if a case every appears in court.
Gates are the strongest form of protection to keep unwanted guests out of your driveway. With a gate, only those with access inside will end up in your driveway. This ensure anyone who opens the gate is someone you already gave explicit approval of entering.
When to Call Authorities
Even with the above measures, there is still a high chance someone will use your driveway without your permission. The decision is up to you, but typically these encounters are harmless. If you do decide to take action due to safety or privacy, it is highly advised you get authorities involved as soon as possible. It is not recommended you try to solve this situation yourself, and it is best if you let authorities handle everything.
If you have a gate or sign up, seeing someone in your driveway can be alarming. Do no approach them, as this could potentially lead to bigger issues. You did your part by posting the sign, or gating off your driveway. Do no get yourself in trouble by taking action on your own. Again, the encounter is typically harmless, but if you experience any discomfort, call the authorities immediately and patiently wait. Are driveways private property, yes, it is your property. So do what you need to do to ensure safety and privacy for all.
