Neighbor to Neighbor: Don't Fence Me In

Question

My neighbor wants to put a fence on my side of the property line. He also wants to dig out several bushes that he says he planted before we purchased the property, but they are in the middle of the property line. What are my rights to make him place the fence on his side of the property line?

Answer 1

Your legal stance will be different depending on whether this neighbor has already been using your property -- and if so, how long it has been going on. Note that if you allow someone else to use your property, that person can gain the right not only to use it but to the title. Each state has different time limits and different rules. In Montana, paying taxes on the property is a requirement for ownership, which might save you. You might reach the best resolution through mediation, perhaps deeding the strip for a price or working out a permission.