Legal Question in Real Estate Law in Michigan
my brother has a neighbor who had a surveyor come out and apparently my brother's fence is on his property by 6 inches. my brother bought the house a month ago and the fence was erect when he purchased the property. the neighbor hired an attorney. what should my brother do?
1 Answer from Attorneys
He should hire an attorney. An attorney can tell him whether or not he must move the fence. There are many elements of the law required to obtain legal title to property through "adverse possession". If the fence has been there for 15 years, or if the prior owner (s) used the property, up to the fence, as his/their own, for 15 years, then your brother may now own the property where the fence is located.
This question is very fact specific, legally intricate, and your brother should not discuss this with the neighbor's attorney, or he may inadvertently lose any rights he may have to keep the fence.
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