My neighbor recently did a survey before installing a fence and found that a bit of property that was thought to be owned by me is actually on his lot. This area in question currently has some of my asfault driveway on it. The driveway was put in by the original developer 10 years ago before I purcahsed my home and was present when the neighbor purchased his home 2 years ago.
I understand that the neighbor has legal title to property and can do what he wants with it such as enclose it in his fence or demand that we do not use that area anymore, but what I'm not sure about is whether there is any legal basis for the neighbor to demand that I make any modifications to the area of encroachment. For example, could he demand that I remove the aspfault and plant grass on the area so that it matches his adjoining yard? Note that the installation of the driveway predated both mine and my neighbors acquisition of our homes.
In other words, assuming I accept his claim and do not wish to fight it, is my worst case "cost" or burden only that I may not be able to use that area anymore (which is not really a big inconvience), or could I be forced to pay for a landscaping company to remove the asfault?
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Editor's Response
Yes, I believe the owner could get a court order requiring you to remove the encroaching pavement. It is a good idea for him to insist you do this (or get a court order) to eliminate any claim of adverse possession by you or a subsequent owner. However, I don't think a court would require you to landscape the area. Just my guess.