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
My answering your question does not create an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any response made is based upon the limited facts you have presented. I recommend that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Washington State.
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.
Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. Only. If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes
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.