My question involves real estate located in the State of: Montana
We bought 6 acres of land. To the South is a 4 acre parcel of land with a fence dividing our property from theirs. The person that sold us the land and subdivided it had told the surveyor to use the fence as a boundary but for some reason the surveyor didn't. The neighbor built with the expectation that the fence was the property line and placed his geothermal close to fence. We recently paid for a real property report for septic placement and discovered our property line extends 17 m past fence onto "their" side, encompassing two lines of geothermal. It also means their house is 5 ft from our property line. The change in angle also means that we are driving on the property of the neighbor to the north to access our land unless we "take back" some or all of the newly found property. The total land effected is .20 acres.
I've looked at things from a nice neighbor perspective so far and not a legal one. Do we have to worry about access to our land if we sell the neighbors this small piece and use the other neighbors land for a driveway? Do the neighbors to the north have any claim to the land seeing as they thought it was theirs and used it for 2 yrs? We were thinking of putting a fence on the actual property line and granting them an easement for geothermal. Any problems with this?
Full disclosure: they are volatile, irrational people who have previously secretly taped phone conversations with us, and threatened lawyers etc over the placement of our house (didn't want it to block their view) although it is quite a good distance from their house and does not block views. We aren't looking to retaliate with the new property line but want a plan that keeps things as civil as possible.