Legal Question in Real Estate Law in Michigan
I have lived on my property for 23 years.Ten or so years back I built a shed on what I and my past neighbor thought was my property.He has since died and the property was sold to the current owners 7 or 8 years ago.They erected a fence on their property during that time and all was well then they got a survey of the land and come to find out, according to the new survey, our shed was on their land by six inches.They have now erected a fence in in accordance to the survey two inches on their property destroying all the plants that I had planted thinking at the time it to be my property.The fence extends up to the shed and they're insisting I move it.In the whole time they have lived there they have never made an effort to mow or maintain the land.We have attempted to place items next to the current fence and somehow without our seeing, they have come over unto my property since there is no way for them to get next to the fence without walking on my property throwing the items around and in one case destroying the barrel I used to keep logs in.I also planted privet hedges on my undisputed property and put up a string line to protect them until they're large enough to be seen by people which they also remove nightly even though they're on my property.We have had nothing but insults and harassment from these people on pretty much a daily basis including a tape message on my answering machine calling us retards and that they're putting doors on my shed and destroying the property inside it .He has told my husband that my son and I are having sex together on the internet and also that I'm a transvestite and my son's a faggot.They have accused us in the past of stealing their water which they said they've asked the city about and the city confirmed that our bill wasn't high that month and demanding to see my water bills for the last four years,they have also accused us of taking their dog.Do I have any recourse at all in leaving my shed where it is and do I have a case to counter sue for harassment and damages and maintenance of property?I really don't want to remove the shed and if if I have the smallest chance am willing to fight these people in court.
1 Answer from Attorneys
The statute of limitations for adverse possession in Michigan is 15 years. This means that if you can show that all owners of the property (your land and the land next door) behaved and believed that the lot line was where you behaved and believed the lot line was, for an uninterupted 15 years, then you acquired the land up to the agreed upon line by adverse possession, or acquiescence.
Since the prior owner died, you will have to find other persons who are still living, that have first hand knowlege, and you can find them to testify, as to their belief of the location of the lot line, then you may have a case. Without some sort of convincing evidence, their testimony, photos, drawings, etc, you don't have a provable case. You have the burden of proof, and if you can't prove this case, they can get a court order to force you to move your shed. You will have an opportunity to tell your side of the story to the court, and the court may believe you, simply based on your own testimony, but this is a high hurdle for the court to take property that rightfully belongs to this atrocious neighbor.
The actions that your neighbors are now taking must be documented, and you must call the police and get a report every time they trespass or damage your property. You should contact an attorney about getting an injuction to stop the harassment, and property damage. Sometimes a letter from an attorney is enough to get bad neighbors to clean up their act.
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