Thanks for following up. Someone has to own the underlying land. If it's an easement, then that means that either you or the neighbor behind you owns the underlying land and the city simply has an easement for the right of way
...in this case the underlying land would have to be owned by you or the neighbor behind you. If it's not you, then it's the neighbor behind you. Alternatively, it's not an easement, but, rather, the city owns the land itself. The first thing you want to do is to check the city plats
and real property
records at the court house to determine which is the case. If the neighbor owns the property and this is an easement, then because the neighbor doesn't seem to care about it, your best alternative would be to approach the neighbor behind you and to ask him if he would sell you any right he has to this property for a nominal amount. Tell him he can transfer his interest to you by quit claim deed so he's making no warranty
. If the city owns the property and since it's unused, go to the city and make the same proposal. This will give you the absolute right to control this property. You can then demand that your adjacent neighbor remove everything from this property that you now own. Then, you can fence it in to prevent your adjacent neighbor from encroaching on your land.
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