My question involves real estate located in the State of: CA
I own a newer home in the mountains, next door to an older home that is not in compliance with setbacks/zoning code. I have a large concrete driveway/retaining wall and own a three foot section of land adjacent to that driveway that provides access downslope. The three foot access area widens out after you get past my driveway to my yard, deck, and hot tub. In the mountains fences are not common so my property is not fenced.
There were railroad tie stairs that straddled my property line with the previous owner of this older home and we both used them for access. The railroad ties were about 6 to 8 feet wide so I owned 3 feet of it and the other owner owned the remaining 3 to 5 feet. A new owner came in and without a property survey or permits, tore out the stairs, graded the entire slope, and put in a driveway and retaining wall. The retaining wall holding up the driveway at top of slope encroaches on my three feet of property.
I did get a survey and called the County so the project has been shutdown pending engineering and permits. Turns out the new property owners plan to put in a stairway on their property and fence it. Do I have any recourse since they graded on my property, constructed three feet of retaining wall, and removed our common stairs? They plan to leave my three feet of property in a graded, unfinished state so that I have to figure out how to stablize it/provide stairs for access to my yard.

