I live it Connecticut and have a right of way through our neighbors land along the edge of his property. It is a driveway to reach our house and is paved. We live in the city. The right of way is along a 10 foot high retaining wall along the westerly side of the driveway a 1-2 foot grassy area that follows along the retaining wall and then the 8 foot driveway and then his yard. In our deed that dates back to 1946 we have an 8 foot right of way from the street to our land which is about 200 feet long. Also there is house right on the street which also shares this right of way the neighbor in the middle owns the property. We have used this driveway for the 20 years we have lived here and also maintain what needs to be done like snow removel and such. Now the problem is he want to move the right of way and put up a fence 8 feet from the retaining wall and dig out the grassy area which will give us about a 1 foot leway along this corridor to get to the street which will make it very difficult to pass through. I have talked to zoning and they said he will need to get a permit if he tries to put up a fence. But can he legally do this just up and move the passway that has been this way for a long time?

You may need to go to court to get an order to enjoin him from erecting the fence, but as a practical matter you need to file asap after the permit is applied for, which is hard to monitor. You can go to court anyway to get an order to enjoin the fence. Also, it could be that there is a way to contest the permit in your area. In some places, hearings are held when permits and things of that nature are applied for and at the hearing you would protest. You need to find out in your area if the process is to complain against a permit at a hearing or if you need to go to court and get an order to enjoin the fence structure to protect the easement by necessity.