Real Estate Law
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Can you tell me how long the fence has been up encroaching on the property?
Ok, whether you can take action or not will depend on how long the fence has been encroaching. Under the legal doctrine of "adverse possession", if a trespasser uses the property of someone else for a statutorily prescribed period of time, then they gain the right to actually claim legal ownership of it. In Michigan, this time is 15 years under Michigan CLA Statutes(###) ###-####
If it has been there at least 15 years, and the neighbor can prove it, then they could defeat any trespass and ejectment action you brought to force them to move the fence.
So you could file suit against them for trespass and ejectment and the burden would be on the neighbor to try and prove that they have had the fence there for at least 15 years. If they can't, then they would lose and you could force them to remove the fence through an injunction issued by the court.