Legal Question in Real Estate Law in Michigan

If you can prove that the driveway was in this location, AND that the neighbor never objected for the past 15 years, (or claimed the land as his) then the statute of limitations bars his claim to force you to move your driveway.

This is a common situation, where two property owners acquiesce to the location of the lot line, and each party treats the understood line as the correct line. If this acquiescence continues for 15 years, and then the "true" lot line is determined by a survey, neither party can force the other to remove structures or observe the "true" lot line. The 15 year time period begins when the encroachment begins, and the actions of prior owners of the properties accrue and add time to the actions of the current owners. The time period "tacks" from one owner to the next.

You have likely gained this area (where your driveway is located and whatever property you each treated as if you owned it) by adverse possession.

If he sues you for ejection, you must be prepared to show when the driveway was installed. You would be smart to get a letter or signed affidavit from the prior owner stating that the neighbor never objected to the driveway location, or gave 'permission' for the driveway to be on his property. You should have a lawyer draft this document, to be sure that you cover all of the required elements of adverse possession, by your predecessor in title, since you can only testify as to these elements for the past 10 years, and 15 years is the required length of time.

You should also check your mortgage survey, if you have one, or any other survey of the property. I have seen property surveys that show the lot lines in different locations. His survey may not be accurate at all. If you end up in court over this issue, you will want to get a staked survey of your own, so that the court can "quiet title" in your favor, to the disputed slice of land, and a legal description of the land will be needed (this is created by the surveyor).