Posted by John Merchant on September 19, 2005 at 10:54:11:
First, you don’t know if his info is true. It could be that his fence is ON the property line.
Highly improbable that any property owner is going to willingly give up a foot of his property when fencing.
Secondly, I’d say best strategy is to just tell the neighbor your lawyer is looking into it, and when you hear from your lawyer you’ll let him know about what you’ll do.
It could be that a “prescriptive” easement exists in that his 1 foot has been so long outside his fence, and available to your lot that he cannot now prohibit its use by you or owner of your lot.