Wow, thanks for all the input everyone. Except Joe4d - really... sheesh... So you have no knowledge about anything other than horses? What a narrow life you must lead.
I will try to respond to everything posted. If I miss something, please just post again.
Yes, there is supposed to be a set back here as well. How he managed to build his garage there is beyond me. I suspect that there was some nepotism involved. No, the garage can't be moved. Yes, selling a piece of the land is probably the only option. It sucks that *I* have to sell when he is the one that screwed up on the building along with the township. Also, I can't just sell him the little bit that he needs. I already checked with zoning; I have to sell a rather large chunk with road access. I'm not impressed. He also definitely knows he is on our property. When he figured it out, I have no idea. From day one that we bought the place I questioned the lines over there and walked around over there several times, making it very obvious that I was questioning where he put his stuff. Also, even if this had come to light when we were buying, there is no way that we would have had the time and resources to deal with it at the time.
There is, or used to be anyway, a "squatter's rights" law of some kind here. But it has been disputed many times and the time line is something like 20 or 30 years. It has been used to allow continued access through private property, but not much for buildings that I am aware of. Maybe I'll do a bit of reading for curiosity's sake.
Eminent Domain. Hmmm. Sounds familiar. I will ask/read. Regardless though the issue will be that the planning office will not allow the property line to be moved just enough to cover what he is using. Which means I suffer doubly. And he definitely knows. Did he know when the building was erected? I don't know, but again, back to the township and the building permit... someone should have been responsible for this. After all, part of the reason I was dealing with this now is because we are finally in a position to build a road access point there and wanted to make sure that I knew where the lines are before making any applications.
I also took pictures as soon as the surveyors left. Just lucky that I was home the day they came. Within hours at least one stake was removed. I suspect that I will find that one or 3 more have been removed. Doesn't matter. There are iron bars in the bedrock now. The surveyor knew what he was dealing with and wanted to ensure the guy couldn't mess it up.
I have to wait for the survey papers to come back, then I will take them to the lawyer. He can't do anything until he has those. And it took about three months just to ensure I could use that lawyer. I started the survey process over a year ago. This is a slooooow process.
And this is only the front part of our property. If I ever have lots of money and decided I still would want to live here, I would have the entire property surveyed. It would only cost well over $10,000 to do.
I'd rather put the $10K into a different property though if I did have lots of money. That's why most people don't survey properties here.