Legal Question in Real Estate Law in Michigan

If I have taken care of land where my neighbor has now built a fence,can I sue for maintenance cost.She has never mowed or shown any interest in land up til now.Help.


Asked on 8/08/10, 4:36 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

If the neighbor never objected to your mowing the grass and maintaining the property in question,

AND

the neighbor never gave you "permission" to occupy/mow/maintain the property,

AND

you acted as if you owned this property,

AND

the neighbor acquiesced, to your apparent ownership of the property,

AND your actions were open, and obvious to the casual observer,

AND you (or your predecessor in title) mowed and maintained the property in question for at least 15 years,

THEN, your neighbor may no longer claim ownership of the property. Your neighbor may have lost rights to this property through acquiesence and/or adverse possession.

You may have the right to force her to remove her fence.

You need to take your most recent land survey, your title work, and any other pertinent information to a real estate attorney. He/she can apply the law to the specific facts of your case and advise you better.

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Answered on 8/13/10, 4:51 pm


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