Legal Question in Real Estate Law in Michigan

Encroachment on anothers property with a stocade fence

In 1992 I had a 6 ft stockade fence constructed on a North boundry line of a neighbor..I had a survey company do a limited one-sided stake survey. I have no recourse to the survey company because there was no charge by them and it was not a 4 corner survey. The surveying Company thought the exsisting survey stakes were readily identifiable. I used those indicators and had my fence constructed. This past week my neighbor had a 4 cornet stake survey completed and I now find out that his lot curves out at the bottom of our lot lines and that part of my fence is about 16 inches on his property. I realize that if this indeed proves to be true and correct, I have an obligation to correct the situation if my neighbor demands so. I am however questioning...if such a structure as a fence has been in exsistance for a peruiod of over 9 years and it had not been previously questioned..do I have any legal relief or must I simply comply with the new survey. I do not want to have to pay the expense of now doing a 4 corner survey of my own and then later still find out that I must bear the expense of having the fence moved also. Any suggestions would be most helpful.

Thank you very much.


Asked on 7/01/01, 10:41 pm

1 Answer from Attorneys
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Encroachment on anothers property with a stocade fence

If a fence is constructed on adjoining property, it constitutes a trespass. A court can (and likely will) require that it be removed, at the expense of the person who erected it.

In your inquiry, you indicate that the fence in question has been in place for only 9 years. This is not sufficient to give rise to any rights to you, unless the fence was constructed pursuant to an agreement with the other property owner. If the fence had been in place for at least 15 years, then you might have obtained some possessory or ownership rights under the doctrines of Acquiescence or Adverse Possession.

Under acquiescence, if the owners of the two land parcels have used a certain line as the boundary line for 15 years or more, a court may enforce that as the proper line, even though it may be different from the true boundary line.

A similar result may occur where one land owner has used the land of another in an open and hostile manner for a period of 15 years and the other owner does not take action to prevent the use.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.

Read more
Answered on 7/02/01, 3:12 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Michigan