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boundary dispute

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my parents have owned a small portion of property in wv for 40 yrs. with no clear markers other than fences and old plow furrows. neighbor owns property on all sides and on both sides of what was a county road. recently, he got a wild hair and had land surveyed and drove stakes in the driveway that my 75 yr. old dad uses and maintained for all this time. he can hardly turn his vehicle now. he has also taken several hundred feet that we've maintained as ours as well as the portion where the old outdoor johnnyhouse stood (no joke). can he do this and can we take legal action to stop him? we are concerned that he will try to claim the abandoned county road, which is the access to our parents home but which he owns property on both sides of, as his own. in truth, the land has very little value other than being our "old home place". do we have a court case and is it worth hiring a lawyer to fight the terd? thanks for the help.



Since nobody has ever had the property surveyed and marked, it is likely the servey marks/boundries will stand up in court. You can have your own survey done if you beleive his survey is swayed in his favor. Surveyors can make mistakes. If there is a large amount of land that you thought was yours, and now is on his side of the newly marked survey, you may want to request to review his surveyors report, rather than pay to have your own survey. This may be the only way to challange the new markers.
As far as the easement goes (old country road), You may have a legal claim to continue use, depending on factors such as: time, type of use (industrial, farming, buisness,)and whether or not there has been any objections brought forth in the past. Go talk to the neighbor, and ask him what his intentions are for the future, and what his position is on the use of the road, and take it from there. Good luck.

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