As typical ask a legal or an electrical question here and everyoneeeeeeeeee lol including myself crawls out of the woodwork and offers their well intentioned opinion (a great bunch of gents here all willing to help), but don't bet the farm on ANYTHING posted here be it lay or professional ABSENT A THOROUGH REVIEW AND KNOWLEDGE OF ALL THE FACTS AND YOUR STATES LAWS.
That being said my free professional legal advice is to consult a local competent trained professional BEFORE you do anything and don't hang your hat on ANYTHING posted here (me included) as this is a specialized area of the law and different states can have different laws and practices and no one here has heard BOTH sides of the story and aren't experts (I'm SURE NOT) in your states property laws and boundary disputes...........
FYI a licensed surveyor DOES NOT make law or necessarily (but subject to local statutes) determine boundary lines in dispute THEY ARE COMPETENT TO FURNISH EXPERT OPINION and then ONLY a court of jurisdiction can render a legally binding decision regarding a litigated boundary dispute.
FYI some states have a "Legal Survey" statute whereby a property owner can serve proper notice on a neighbor that a "Legal" Survey is to be conducted and if all the requirements are met and it's filed with the Court THE RESULT OF THE SURVEY CAN RIPEN INTO A LEGALLY ENFORCEABLE AND BINDING BOUNDARY !!!!!!!
FYI The common law of "Adverse Possession" is alive and well in many jurisdictions and maybe even codified in some and may well come into play in your situation, but ask a local trained professional about it versus anyone here. At Common Law the requirements to sustain an action were the use must be something like HOSTILE,,,,,,,,,OPEN,,,,,,,CONTINUOUS,,,,,,,,,EXCLUSIVE,,,,,,,,,,,ADVERSE,,,,,,,,NOTORIOUS and for a statutory time period such as 10 years. In a nutshell if you allow such open encroachment by your neighbor for a long enough time you risk loss of that property !!!!!!!!!!!!
FINAL FREE PROFESSIONAL ADVICE DO NOTTTTTTTTTTT LET THIS GO ON BECAUSE THE LONGER YOU ALLOW IT THE WORSE IT GETS FOR YOU
Talk to a local competent trained professional land use attorney and at least consider taking HIS or HER advice instead of ours lol but its your land your money and your decision none of ours
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