Legal Question in Real Estate Law in Michigan

fence trespass

After I had a survey performed, My neighbor constructed his fence with the foundations of his fence on my property. This does not match our fence ordinance. The City inspector after being given a copy of a second survey showing my neighobr is encroaching on my property, refuses to enforce the fence ordinance and make the neighbor move his fence. Who can I sue for the cost of the second survey? Also, How do I get my neighbor's foundations off my property? Please help, they are not nice neighbors.


Asked on 12/28/03, 9:18 pm

1 Answer from Attorneys
Janet Ziulkowski Ziulkowski & Associates, P.L.C.

Re: fence trespass

Any claims would be against the neighbor who is encroaching on your property. If your neighbor has constructed a fence on your property, if you do nothing and a certain period he may be able to claim title to that portion of your property where the fence encroaches. Simply tearing down the fence could result in you having to pay damages to your neighbor. The better way to handle the situation is to send a letter notifying him that the fence is on your property and demanding that he remove it. If he fails to remove the fence, you will need to file a complaint and get a judge to issue a declaratory judgment that will allow you to remove the fence. I think I can help you with this, but we should discuss this in further detail. Call me at 586-992-9981.

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Answered on 12/31/03, 1:34 pm


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