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It may no longer be his property if a prescriptive easement applies.
Ownership of an easement does not imply ownership of the fee title to property. My best guess is the OP may be entitled to have the rights of use, but ownership will probably remain with the neighbor who will probably have no recourse if the OP goes through proper channels to ensure he is fully entitled to the easement. But this is easier said than done and you can be sure the lawyers will win in the end.
Ownership of an easement does not imply ownership of the fee title to property. My best guess is the OP may be entitled to have the rights of use, but ownership will probably remain with the neighbor who will probably have no recourse if the OP goes through proper channels to ensure he is fully entitled to the easement. But this is easier said than done and you can be sure the lawyers will win in the end.
If the driveway has been there for sufficient period of time according to the laws of your state, he may have lost the right to do that. You need to talk to a real estate attorney in your area.
Yes, which is why people who get a new survey done and think a survey is " law of the land" are sometimes in for a big surprise and discover paying for the court costs defending that new survey will many times cost them a lot more than the survey did.
This happened to me, sort of. I frequently visit a gas station outside my neighborhood. A house that is zoned commercial put up a privacy fence that literally extended to the street (4 lane road). After two or three times leaving the gas station and not being able to see on coming traffic, I complained to the planning department downtown. Sure enough the fence was taken down to 4 feet within about 10 ft of the street. About a week or two later the fence portion about 5 ft in from the street was removed (I assume after the inspector came back and notified them of set back rules).
Worked out in my favor as I drive a big truck and just wondered how people in "normal" size cars got out of there if I couldn't see. Hope all works out for you and that they have to lower or take the fence in (hopefully your town,city has some ordinances addressing this) as this is a safety issue.
With all that said, you have no right to tell a neighbor what to do with their property, as long as they follow the ordinances of the land.
I think the issue is that the fence creates a safety issue. I would hate to have a neighbor who disregards safety issues.
The driveway was there before the OP.
yes, that's true, safety should always come first.
I agree.
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