Blocked Driveways and Neighborhood Parking Issues: What the Law Says

If someone parks in or blocks your driveway, it's considered trespassing. You can contact local law enforcement to address the violation.

There are several parking issues you may encounter in your neighborhood or on your property. Maybe your neighbor’s visitors are always blocking your driveway. Or perhaps someone keeps hassling you for parking in front of their house. If you’re not sure what is and isn’t legal in this context, you’re not alone.

There’s plenty of confusion surrounding street parking in residential areas. But it’s important to understand your rights. This article reviews the legal principles involved and answers some common questions on neighborhood parking. This information can help you determine the best way to proceed if you are experiencing a parking issue with your neighbor.

If you’re having a persistent problem in this area, contact a real estate attorney near you. A lawyer familiar with your area's laws can clarify your rights and next steps.

Public Street Parking

As a general rule, people can legally park on a public right-of-way, even if that means parking in front of your house. But specific local laws might limit this ability. These are often posted on parking signs and might include:

• Time restrictions
• Permit requirements
• No-parking zones

A homeowner or resident doesn't own the patch of public road in front of their home. So they generally don't have a special legal claim to public street parking spots in front of their house.

Still, there are some fundamental parking rules we all must follow on public roadways. For example, you must generally park in the same direction as traffic flow. For the U.S., this usually means the right side of the street.

In addition, you can’t block driveways or mailboxes. Similarly, it’s usually illegal to park too close to:

• Fire hydrants
• Crosswalks
• Stop signs
• Intersections

State and local parking laws determine the acceptable distances for each location.

Parking on Private Streets

If the street is private property or part of a homeowners association (HOA), there may be extra rules. HOAs can set their own parking restrictions for the roadways they own.

Common HOA parking rules might address:

• Restrictions on the types of parked vehicles
• Guest parking lots
• Permit systems
• Designated parking spots for residents

HOAs also often use signs to communicate parking rules on private streets. Some states even require clear signage on private streets before an HOA can tow a vehicle or issue fines.

For example, California state law requires posted signs if an HOA wants to enforce towing or no-parking rules on private property, including private streets. The signs must even conform to specific design, content, and placement standards.

Are Driveways Private Property?

Whether your home is on a public or private street, your driveway is usually private property. Private driveways are usually part of the property deed to your home. This means the homeowner or resident can generally control who uses them.

What Should I Do If Someone Parks on My Driveway?

If there’s an unauthorized car parked on your driveway, it’s likely trespassing. In some situations, it may be practical to simply ask the person to move. But that’s not always an option for various reasons. And you may need to have the car moved sooner rather than later.

As a result, you’ll want to call your police department’s non-emergency number. Local law enforcement can usually identify the vehicle owner, issue a citation, and arrange towing if necessary.

It’s also a good idea to take photos of the vehicle, its license plate, and how it’s on or blocking your driveway. This can help if you need to file a report or take legal action later.

Can I Tell Someone Parked in Front of My House To Move?

If someone parked in front of your home is blocking your driveway or mailbox, you can absolutely ask them to move or call the local police to resolve the issue.

If they’re not blocking something and you live on a public street, then it’s usually legal for them to park there as long as they’re complying with local restrictions. If they are, you generally can’t legally compel them to move. They have the right to park on the public street.

Should I Call My HOA if My Neighbor Parks in Front of Someone Else’s House?

That depends. Just because you live somewhere with an HOA doesn’t mean they have authority over street parking. The HOA can likely help if it owns the street(s). If it does, the street is private property, and your HOA will typically have rules about street parking, assigned parking spaces, and other parking-related matters.

So, if your neighbor’s vehicle is violating HOA rules, the HOA may be able to help. The HOA rules or bylaws may list whom to contact in such situations. The police cannot generally enforce HOA parking rules on private streets unless they overlap with local or state laws.

For example, let’s say both your city code and your HOA parking rules prohibit parking within 10 feet of a stop sign. Even though the streets aren’t public property, the police may be able to assist if state or local law grants them the authority.

What if a Car Blocks a Fire Hydrant Near My Neighbor’s House?

In most places, it’s illegal to park within 15 feet of a fire hydrant. Exact distances can vary by location. But these standards are designed to ensure that fire station vehicles have enough room to park and access the water in emergencies.

So, if someone is illegally blocking a fire hydrant, it doesn’t matter whether they’re parked outside their own home, a neighbor’s front yard, or somewhere else. You can ask them to move or call the local police.

Recurring Issues With Your Neighbor's Parking? Get Legal Advice

Misconceptions about residents’ rights to the roads in front of their homes are widespread and can lead to disputes between neighbors. If you continue to face challenges resolving parking issues, you’ll want to touch base with a real estate attorney in your area.

You can share the specifics of your situation with them confidentially. They can help you understand the remedies and protections available to you. State and local law will be critical. So, it’s important to identify someone licensed in your state.

FindLaw’s dedicated directory of real estate attorneys makes this easy. It’s arranged geographically, so just click on your state, then narrow your results by city. You’ll instantly be connected with ratings and contact information for local experts who can help you assert your rights.

Consider enlisting the help of one. A trusted advocate can be critical as you move forward.