Legal Question in Real Estate Law in Michigan

Fence Problem

In 1970 my mother had a property line chain link fence installed. I actually paid for it. Prior to the fence installation she asked the neighbors if they'd be interested in spliting the cost of the fence and becoming 50% owners. They declined and my mother had the fence erected. In 1990 my mother passed away and the house was deeded/inherited in my name. I've always lived in this house. The neighbors who declined to split the sold their house. The house was purchased by new neighbors. The new neighbors have lived there now about 12 years. This summer they have planted some type of climbing vines that are climbing on the fence. I am not fond of these vines. Its a fence and I'd like it to remain that way without being overgrown with foliage by these vines. It also makes maintenance harder if it needs painting or other repair. The neighbors did not ask our opinion or anything prior to planting these climbing plants. What can I do about it? Since I am now the owner of the house and fence can I untangle these vines or take a weed-whacker up and down the length and height of the fence? I have all the paper work(contract,permit and diagram) for installation of the fence. I asked them about removing the vines I get no reply.


Asked on 9/19/05, 5:14 pm

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

Re: Fence Problem

If an agreement cannot be reached to remove the vines or other mutually acceptable resolution, you may need to file a lawsuit to enjoin the removal of the vines. As part of the lawsuit a determination will need to be made as to who owns the property and the fence. For more info, please contact my office by phone.

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Answered on 9/26/05, 11:42 am


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