House next door is built inside the zoning minimum setback limit at 4 feet from the property line, except for a chimney that sticks out about 2.5 feet. My lot is fenced. On his side of the fence is a very nice, mature, 7 or 8 foot high privet hedge. His lot on the other side has a nice wide setback from the adjacent lot, about 20 feet. His wife demands a new kitchen, so they get a zoning variance to build within 2 feet of the property line over there. Then he realizes that his lawn service can't get into the back yard any more. Oops!
But that's no problem, he thinks: he decides to use a gate in my fence that accesses his back yard and allow him and his lawn service, etc. to use my driveway to get to his back yard. No discussion with me.
So one fine day, I've got a project in my garage and park blocking access to the gate. A couple of days later, I get a lawyer letter threatening to sue if I obstruct his access to his back yard over my property, claiming a right by adverse possession and/or an easement. I immediately parked my truck blocking the gate and arranged for my lawyer to reply: bring it on, dude! Arranged for my lawyer to attach an aerial view of his place before and after the kitchen addition, showing the paved pathway into his back yard before and the kitchen after.
He may be a weird neighbor, but he isn't stupid. After six weeks of letting my truck sit there, he had his lawyer send a letter of apology with a humble request to negotiate terms for using my driveway and the gate, by appointment, for yard workers. I agreed and allowed an appointment every time they asked until we sold the place in 2009 (just in the nick of time to miss the big crash).
Fair winds and following seas,
Jim Waldron