Legal Question in Real Estate Law in Indiana

Re: property line, tree removal, & fencing

If you live in a rural area (that is an area not incorporated into a town or city) there is a law that determines how and where fences go - on the property line and each abutting owner pays 1/2. If you live within the town or city limits, the municipality probably has an ordinance which controls where and how fences are erected. If not, your subdivision covenants might set where fences go. Generally a fence is a demarcation line between properties unless there is a setback requirement. If you cannot quickly convince your city or subdivision to take action, your remedy to prevent or slow down construction would be to apply to the Circuit or Superior court in your county for an injunction to determine whether the fence is accurately placed within the allowable area (on the line, in conformity with a setback or whatever). As to the tree, if it is mostly on your property, it probably began as a sapling on your property and has grown over the years to where it encroaches on the neighbor's property. I doubt you will find any requirement that the fence be set back off the property line.