Legal Question in Real Estate Law in Michigan
A neighbor is using part of property that is for sale as his own for pasture for
We want to purchase a house with 10.1 acres of land. The neighboring horse farmer has at least 3 acres of the land fenced for horse pasture. He will not move the fence off the property that we want to purchase. The orginal owner of the property that is for sale past away and it is unknown if or what agreement they had. Part of the fenced area is where we want to eventual build a new home on. We do not want to pay for 10.1 acres and not have control over it. What is our course of action. It has been suggested that we fence the property from survey stake to survey stake.
2 Answers from Attorneys
Re: A neighbor is using part of property that is for sale as his own for pasture
Sorry, don't know what your question is. Is the property neighbor is using yours or someone else's? Does the neighbor have permission? Need more detail.
Re: A neighbor is using part of property that is for sale as his own for pasture
You need to determine if the adjoining land owner has an adverse possession or acquiessence claim on the property. That is, did the adjoining landowner hold the property where the fence is located openly and adversely to the late owner, and was it held that way for the requisite period? Or, was there an express or implied agreement between the landowners? Or does an easement either express or implied exist? You definitely need legal counsel. For more information, please contact my office at (248)851-3171.
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