I am interested in a specific case involving myself and a neighbor. I have
been living in my home for 26 years. I have had a neighbor for 22 of those
years that shares a divided driveway, divided by a gate. After neighbor of
22 years moved out, a new neighbor now wants to claim 6 inches as his
property. Meaning the gate now must be moved 6 inches closer into my home.
What are the laws, if any and please relate it to the time my residency
time is involved.
The issue presents interesting halachic issues. The question of chezkas tashmishim, discussed at the end of the third perek of Bava Basra clashes here with the question of ownership. That is, from the third perek of BB we know that no matter how much time has elapsed, if the other party can produce a shtar (in this case, a deed), the land is his - as the chazakah of three years is only effective in cases in which there is no document extant. Thus, it is clear that you cannot assert ownership. OTOH, it would seem that you have a chezkas tashmishin to use your neighbor's chatzer. I think, however, that such chezkas tashmishin only works where there was no physical encroachment on the neighbor's property, but only usage. Indeed, on the contrary, there is a she'eilah here of hasogas gevul mamash. Hence, I regret to say, it seems to me that your neighbor is within his rights.
But this was written only as a quick opinion, not as an halachic decision!