what are my rights he wants to put up a fence but he is putting it on our property and clearing our land
Real Estate Attorney
You have an action for both Quiet Title (to regain your land) and timber trespass (which may allow for an award of treble damages and attorney fees). I suggest you contact an attorney immediately
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Family Law Attorney
It may turn out that what you thought is your property is not legally your property.
You likely need to have a survey done so that you know what is yours and what is the neighbor's.
You should review the specific facts with your attorney to find out your legal options.
Real Estate Attorney
I agree with the previous answers. You need to have an experienced attorney get an injunction before any more damage is done. The proceed with the court's guidance and you will be better off quickly. As the other have stated where the lines are and where you think they are are not always the same thing.
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Insurance Law Lawyer
I tend to agree with the other attorney answers; however, there are actually two statutes which could apply to this situation. One provides for treble damages and attorney fees, as mentioned, and the other for treble damages but not attorney fees. I would consult with an attorney as soon as possible. As mentioned, actual knowledge of the property line is essential. If you do nothing, then in time, the land may become the neighbors through adverse possession.