Legal Question in Real Estate Law in Michigan

enroachment of property

we have lived on our property for 5 years and our neighbors lived ontheirs for 6...when we first moved here thery immediately put up a row of trees for which we figured they knew wheer the property lines were ,,,, just recently they decided to put up a fence....when i seen what he was planning i went down and spoke with him telling hijm i thought he was going onto my property not only with tyhe fence but i thought the trees he put up were also on my property....i decided to get a survey done since he went ahead and put up fence anyway....well hes 16 foot on my property...i wnet immediatley and told him about it and hes done nothing to remove anything. what are my legal actions....and tho i like the trees they are on my property do i have to let him remove them if he decidese to or are they now legally mine....and if i do let him remove them does he have to repair the ground and after warning him of being over the property line how much time to i have to give him to remove his fence


Asked on 7/18/05, 1:46 am

1 Answer from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: enroachment of property

It sounds as if you may have to litigate this matter if you and neighbor can't resolve it on your own. If litigation is necessary, I would file a complaint for trespass and quieting title to the disputed land. Also, I would seek a court order ordering himto remove the trees at his expense. If you neglect these matters, you could lose that portion of your property through adverse possession. You should take legal action immediately. For more info, please contact my office at (248)851-3171.

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Answered on 7/19/05, 8:53 am


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