...And if/when the fence gets damaged or destroyed, will you be able to prove it was him? What if he has someone else do it for him? Things like this can get real tricky in court, especially if the other guy has a sleaze-bag attorney!
I like the idea with the trees, but that's a lot of cost and work in addition to the fence - or in lieu of a fence. Still, if things get nasty (or nastier) and ends up in court, you'll need proof of who it was did the damage.
What you have now is proof that he has worked his land farther than he should have BUT, can you prove that he did it with malicious intent?
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