transfer property procedure

My neighbor built his pool fence 18" into my side yard and now wants me to resurvey so the marker can be on my side of the fence. Should I ask if he wants to purchase this strip or does he want me to "gift" it to him. Or, can he prove that the original survey (1962) is incorrect. He basically wants the property markers to accomodate his fence. I have a civil suit over this for 4 yrs, and the judge refuses to rule. I want all to be legal so I can sell this property and get away from this person.