How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37003
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I bought my house and had the property surveyed. I was

Customer Question

I bought my house and had the property surveyed. I was adding an addition. The survey came back that the neighbors fence is on my property by over 5ft. In a lot of 50x100 it's significant. I am having privacy fence put up. The neighbor said No, you are
NOT taking it down. I have a survey. I am in Mich!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

Can you tell me how long the fence has been up encroaching on the property?

.

.

thanks

Barrister

Customer: replied 1 year ago.
I'm not sure. But, appears to be a long time.
Customer: replied 1 year ago.
Are you still looking up information?
Expert:  Barrister replied 1 year ago.

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.

.

.

thanks

Barrister

Expert:  Barrister replied 1 year ago.

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.

.

.

thanks

Barrister

Related Real Estate Law Questions