Private Road Use

Question: Can my neighbor prosecute my family for driving our quads down a private road past her house?

My neighbor keeps on threatening to prosecute my family for driving our quads down the road past her house. She has called the Van Buren County Sheriff's department on us several times and the cops could not do anything about it because we have all of our equipment registered and everyone who drives them have permits and are older than 16. When we are driving down the road we make sure to do the speed limit. The only reason we drive them down the road anyway is to get to my neighbor's track; which the track is nowhere near her house. Now, she is sending us letters and threatening us that she is going to prosecute. She even jumped out in front of my dad while he was driving slowly down the road and did not move. And I quote, she said that "if you want to get through then run me over". Now she is trying to get a fence put up right in front of her house so we have to open it to get down the rest of the road. But my main question is can she prosecute for us driving down our private road; even with us having all our equipment registered with licenses and all being over the age of 16? Thank you for your time, I appreciate your help.

Answer: I recommend that you check the property records from when you bought. You mention that this is a private road. You need to get the documentation together and have an attorney write a letter that you have the legal right to use the road unimpeded. Then if she tries to stop you, then you can call the police or prosecute her. But, I caution, you must find the legal documentation providing for your rights to use the private road and make sure you are in the right to use the roadway. Good luck.

Attorney: Mark Miller

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