Dear Steve,
I have a driveway that overlaps my neighbor's property by about 3 feet. I have used it exclusively for 12 years and the previous owner of my home used it for 27 years without permission or complaint.The neighbor now tells me to stay off his property.

I considered seeking "adverse possession" but have been told I can't bring such a claim because his property is "registered land." The neighbor now says

I can't use my own driveway and contends he has a right to build a fence that would severely impact my right of way to a backyard parking area. Do I have any recourse here? My land is also "registered land."

Dear Parker,
There is at least a fighting chance you will be able to retain use of your driveway under a section of real estate law that you accurately describe as "adverse possession." But there are many gray areas here and I suggest you find legal representation quickly before your neighbor starts digging holes in your driveway to build a fence that may knock off your side-view mirrors.For clarity's sake, adverse possession allows a person to obtain use and title to property simply by using it for a set period of time spelled out by local, state or federal laws -- without protest from its actual owner. The roots of adverse possession date back to English common law and the establishment of so-called "squatter's rights."

In cases such as yours, it can allow persons who have been using long-established access points to their properties to continue using them, even after discovering that property lines have been inaccurately drawn. Statutes of limitation in adverse-possession cases vary widely from jurisdiction to jurisdiction. In Connecticut, the limit is 15 years, but in other jurisdictions, it can range from five years to 21 years. Some are 12 years on the dot! That may be why your neighbor is trying to establish possession so fervently.What muddies the issue here are his claims of having "registered land." Registered land is guaranteed by a state's insurance fund to be correct and insures against losses to the property owner from recorder or land examiner errors.

Technically, adverse possession can't be claimed against registered land. But the owner does have certain related notification responsibilities that he may not have met. What could work in your favor is the fact that the 3 feet in question has never before been disputed -- or at least not for some 40 years.Adverse possession laws have changed significantly in recent years and again, it is all the more important that you get legal representation soon, especially with that registered-land issue lurking. At the very least, you or your attorney should attempt to verify that the neighbor has a true certificate of title to be sure it is indeed registered land.

Either way, a very close examination of all title and recorder documentation is in order, particularly since your land is registered as well.I sense that there are more issues between you and your neighbor than the property-line dispute. It is, after all, only 36 inches. Perhaps you can strike a commonsense compromise and "mend fences" before he builds one, offering instead to buy the property in question.I wish you a minimum of adversity with this very sticky problem.To ask a question of the Real Estate Adviser, go to the "Ask the Experts" page, and select "buying, selling a home" as the topic.