Neighbor's Planning on Putting Up a Fence That Cuts into My Driveway. Now What

[JoefromPhilly]

My question involves an easement in the state of: Pennsylvania

My house is 27 years old. I have been there for 20 years. There is a driveway that runs perpindicular to the street and this driveway has been the effective boundary between our two properties. Now, a neighbor who has been there 3 years, wants to extend the fence (or replace it) that runs from the back of the yard up past where it ends now near his house up to the front near the street. They had a survey done, which shows that the real boundary runs on a diagonal, from that point in the back yard to a point at the street that takes up about 5 feet of the driveway at this entrance. Essentially, if they build a fence, it would make it almost impossible to park two cars side by side, or back out one if another is present, and would make my property look funky, especially the driveway (it is about 100 feet long). It also would make it much harder to pull into the driveway if I lose 5 feet of access at the street, reducing it from 16 feet to 11 at the entrance.

The interesting thing is that when the curb was created along the street, the cut out for the driveway shows that my driveway would belong where it is. Assuming the survey is right, what rights do I have to keep the effective property line where it is now, so that my driveway does not get cut up? Also, since I have the house on the market, what needs to be done with the deed so that a title agency will convey title on the property?

I am assuming of course, that the neighbor is intending to put the fence along the property line. If they are looking to just get some cash out of me, what is the process to either change the property bounds or create an easement that will not cloud the title?

Thanks for any advice. I would like to know different opinions before moving on with this one. If a lawyer is willing to get involved without charging a fortune on this, I would also like to know that. I need an idea of the time involved in such a process.

[LandSurveyor]

Do you have any reason to doubt the neighbor's survey? If so, you should get your own surveyor to test the idea.

If the the drive has been in place for 27 years, there are possibly other legal theories to prevent the proposed fence from blocking part of your drive.

We can't explore those in depth here. A local real estate attorney will be able to give you a better idea of your chances. If there is at least some basis for a case of adverse possession, the neighbor might be willing to negotiate it down to an easement, which would not change the property line, but would solve your future problems in selling your property.