We are putting up a fence in our backyard,neighbor doesnt want to pay for the half of it and demand that he should get more land

You can certainly put up a fence on your side of the property line, and that fence would be your personal property (not to be harmed in any way by your neighbor). But since it sounds like you've got a boundary line dispute, you should have a survey to be certain of the exact property lines before building a fence. And unless your homeowners association requires the parties to split the cost of the fence, there is no such requirement. Regardless of the line of record the surveyor finds, you or your neighbor may have "taken" property technically owned by the other through the doctrine of "Adverse Possession" and/or "Mutual Recognition and Acquiescence". The very short answer is, if you are on an average single-family lot and all the fences have been in the same spot for more than 10 years, the property line has probably automatically "become" the fenceline. That new property line can be made a matter of county record via a contract between the homeowners, together with a survey, both of which you record. The owner losing property may want to get this contract done to reduce his property tax burden. As for the existing fence, whoever constructed it owns it and may take it down. But as a practical matter, you should make every effort to come to some kind of agreement with your neighbor regarding the fence. In my experience, people who get into legal battles over strips of residential land end up paying way too much to their lawyers compared to the value of the land. I recommend you take your neighbor a beer, negotiate a fenceline with civility, and bury the hatchet. Give me a call if you would like to discuss further. - Bill Kessler