My backyard neighbor moved his fence to follow his property line. This new fence is two feet into my garden. The old fence was in place for over 25 years. I have maintained the property for over twenty years. He now has staked out additional fence lines that run through my vibernum bush which is also twenty years old and very nice. How can I prevent him from damaging my plants. I just want the fence to be where it always was.
Answer
If you cannot work out an agreement with your neighbor, you would have to file a lawsuit known as a quiet title action, claiming adverse possession of the area that you maintained all these years. These are complicated and expensive cases to prosecute, so the practical thing to do, if you haven't tried already, is to try to buy the strip from your neighbor or at least work out an arrangement whereby he would grant you an easement to continue to maintain access to your garden. Of course this would involve returning the fence to its previous location. In the lawsuit, you'd ask for a preliminary injunction to prevent him from doing any more fence moving while the lawsuit is pending. The first thing you need to do is consult an attorney with experience in this area.
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