Need advice..neighbors had sidewalks poured over my property line

I need some advice because I'm not sure how to handle this.

10yrs ago, i bought my house and I live along a street where the houses are about 3.5' apart. So for years my neighbor has been harrassing me if my rose bush crept onto his property or came over and cut them, sprayed weeds in my yard, sprayed for bees. Bent my downspouts to drain into my foundation, etc. He also had a small fence put up in the back of his yard with no outlet to the alley so he goes through my yard and down my steps in my yard. For years, ive dealt with it because I couldnt afford a fence and i believed my foundation (plus a few inches) was the property line.

Well I have been doing better financially these past 2 yrs so I'm redoing my steps in the back and putting up a fence to keep them out. Finally! Low and behold, i had the surveyor come yesterday and he pinned my property. To my surprise, I notice that their sidewalk and steps all along the side of both of our houses were poured about 5 inches over my property line.

Now part of me isnt an asshole where I want to fight over 5 inches. But I want to put in a fence. And I cant put my posts in because my drainage goes along the back half of the side of my foundation at the end of his steps so I need to be able to put it beyond that so I have access to the downspout and drain...and his steps are in my way. And I cant completely close off that corner of my house now. There would be a large gap. And with him kicking over my downspout and putting bricks on my drain hole, i need to keep an eye on it

Also, they are older...if they fall on their steps, will I be liable now that the property is surveyed? I'm not sure how to handle this.

submitted by /u/orchid63
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source https://www.reddit.com/r/RealEstate/comments/faqmfl/need_adviceneighbors_had_sidewalks_poured_over_my/