Neighbor called and said moving fence 1.5 feet

[Tyler Harvey]

Hey the neighbor on one of my properties called this mornings and said he was having a fence guy come and move the fence 1.5 feet on to my property and showed me a survey that he had done. Moving the fence will destroy my ability to get a car in the driveway at all. Is there anything I can do? Is there interpretation in surveying or if I get a second opinion are they going to tell me the same thing?

[Nathan Gesner]

You can also check with an attorney. You may have what is referred to as an "easement by prescription" created by the open, notorious, uninterrupted, hostile, and adverse use of another's land for a period set by statute. In other words, if you park on your neighbor's front lawn for ten years and he knows and doesn't say anything about it, you basically gain a legal right to parking on his lawn and he can't tell you to stop.

If your driveway has existed for the right number of years and the neighbor knew about it and allowed it, you may have gained a right to that property that lasts forever.