Please answer this question. There is a right of way encroached…

I am sorry that I asked you again. It will be greatly helpful if you confirm that I understood your answer correctly.

1. The fence is NOT encroaching on my property, but encroaching on the right of way (mutual driveway).

2. The 7 sqft of mutual driveway encroached is not affecting my enjoyment of using my property significantly.

However, despite of #1 and #2, superior court will not dismiss this case.

Did I understand you correctly?

Thanks

transition rules;

So, you are saying (even for the sake of argumentation), if the fence was built before the transition and registered within the 2 years after the transition, then my neighbor could have obtained adverse possession of the piece of the mutual driveway encroached, aren't you?

However, the fence was not registered until now and the adverse possession is just impossible to happen. right?

How would I know if the neighbor claimed and has obtained the adverse possess already?

I received one page of document saying on the header "transfer" LRO #80 from my lawyer who closed purchase in 2004 and he said this is a deed under a new system. I suspect this is an indication that my property was transferred to land titles system before or in 2004.

Would you agree?

The claim might happen before I purchased my home in 2004.

How would I know if that had happened?