We would like to put up a fence. the other neighbor has been there approx 15 years. could we be forced to give up this land? how do we get them off our property? can we sell it to them?
You can make them leave, if it is less than 20 years total use.
As a rule, if you want to know precisely what your legal rights are, the best step is to talk to an attorney and see what the facts say.
If you just want them to move the flower garden, you might start by asking.
Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo Answers. I am not your attorney and am not creating an attorney-client relationship by this post. I am giving only general advice. Any advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client after a detailed interview. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions.
Be careful not to let the matter lapse into adverse possession.
Document the fact that you are not permitting the neighbor to encroach on your property.
A demand letter that is written amicably but preserves your rights with respect to your property lines is a good start.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline