Greetings, all. The entire length of the retaining wall built between my house and the home next door in 1954 doesn't follow the actual property line. However, previous owners on both sides have maintained their yards and trees according to the boundary implied by the wall and the difference in elevation on either side of it (1 to 3 feet). The actual property line follows the wall to a certain point, then runs at a slight angle to the wall, creating a long, extremely narrow triangle that's perhaps 60 feet long and no more than 3 feet at its widest point.
The new owner next door intends to squeeze a new driveway between the houses and plans to move a portion of the existing retaining wall about a foot toward my house to claim more space for the new driveway. My property is about a foot or so higher than his in that area, and the foot of space he intends to create will cut into what little buffer I have between the retaining wall and my own driveway. The change will make it even more difficult for larger vehicles, such as delivery trucks or even something on the scale of a Suburban to easily serve my house.
In addition, part of the fence he plans to build will lie on top of a portion of the retaining wall, but would ultimately deny me use of a sliver of property, formed by that narrow triangle I just described--and that little piece of land is pretty important to me. (I used to garden in that part of the yard before I got cancer a couple of years ago, and there's a well-established chipmunk burrow next to the wall, and we treat our chipmunks like pets and train them to take peanuts from our hands.)
Based on the past use of the property according to the boundary implied or established by the wall, is there anything I can do to stop his driveway and fence projects? I've owned my home for about 11 1/2 years, and the house next door, until now, has always been used as a rental property, so no one has ever challenged the use of the wall as the boundary. The previous owners of my home even planted several trees in the triangular space that's now being disputed because they and the previous owners next door also believed the retaining wall defined the property line. Thanks in advance for any advice you can offer. -- Steve