Legal Question in Real Estate Law in Illinois
lot lines
My neighbors put up a fence that is on our property. We have spoke to the Keeler Township zoning administrator, and other officials. They neighbors are fighting taking the fence down. They will move it, but they are also trying to get a variance to put up the same 6 foot fence instead of the zoned 4 foot fence. The fence is in front of their house.
The other problem is that the neighbor's shed is a foot on our property. We discovered this after having a survey done to reestablish the lot line. We are trying to get the township to have the shed removed. The Keeler Township is not making an effort to have the shed removed. Their concern is the 6 foot fence. The neighbor claims that the shed has been in the same spot for 20 years and that he has now grandfathered our property as his. The shed has not been on our property for 20 years. It may have been there for 8 years. We have pictures to prove that the shed hasn't been there that long.
I am looking for help. Who can I contact? Can you help me find any Michigan laws that will help with this matter? Otherwise, can you direct me at to where to look for help.
1 Answer from Attorneys
Re: lot lines
I am a little confused by the fact that you seek Michigan law, for the heading on your question states that your inquiry pertains to Illinois law.
I am not licensed in Michigan, and I know nothing of its laws. As for Illinois, a shed resting on another's property for eight years is insufficient to convey title to that portion of the property to the owner of the shed.
The trespass by one onto another's property does not seem to be the type of dispute typically resolved by a local township government. While I can understand the township taking an active role in enforcing its zoning requirements (such as the height of the fence), it seems as though forcing your neighbor to move his shed from your property would likely fall w/in the realm of the courts.
Insofar as the height of the fence is concerned, you are free to oppose his request for a variance, arguing that the height is unsightly or whatever other reasons you have for opposing a 6 foot high fence (indeed, the original zoning ordinance may give clues as to why the township originally voted to have fences of only a certain height).
Good luck.
-- Kenneth J. Ashman; www.AshmanLawOffices.com
This communication is for general informational purposes only, and is not intended to create an attorney-client relationship, which would only be accomplished by the mutual execution of a formal retention agreement.
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