Shared driveway easement and neighbor over property line

[shastadaisy]

My house was built on a split lot almost 95 years ago, with an identical house built next door at the same time. There is a tiny driveway maybe 9 feet between the 2 houses. There is no recorded survey of the boundary line in the driveway, however my neighbor had someone do some sort of unrecorded survey 5 years ago as there are stakes in the front and back which shows the property line is at a slant. At the sidewalk, my neighbor has just over her half, but as it goes toward the back it slants towards her house giving me both sides of the driveway. No one uses the driveway for cars, she has a fence and a shed that block a cars entrance into her backyard, which are both over the property line, and she is storing her garbage cans there as well. The stake in the back shows all of those are on my property. There is a right of way easement, for both properties allowing for each owner. Unfortunately, I do not have access to the survey the neighbor had done. I would like to know if I have any legal right to tell her to move her fence, shed and garbage cans off of my property as that is not part of the easement. And what would I need? A recorded survey or would a exhibit map and field ties be enough?

 

[xylene]

Get a lawyer and a survey.

 

[FarmerJ]

Having your own survey done by a local firm (boundary survey ) that also shows (maps out) things over the property line will give you what you would need should you ever have to offer a survey to a judge. IF by chance the survey you have done doesn't dispute where the lot lines are then your still free to take your survey to your attorney and ask her or him to send a letter to the neighbor telling them they no longer have your consent to use your property and you want the shed moved to her side of the lot line. ( if you have to you may want to look into installing a fence just with in 2 to three inches of the lot line but to your side ( your city may have written out rules for fence placement so check with the city as well just don't put a fence into the area you both are entitled to use , SO if the easement says its 150 ft long and your lot is 250 long then you could fence it in on the last 100 ft with no problem if you follow local codes )