Legal Question in Real Estate Law in Michigan

My neighbor put his fence on my property, can I force him to move it?


Asked on 11/10/09, 4:48 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

If it is truly on your property and he did not have permission to install it, then yes. I would suggest you retain a lawyer to assist you. Your first action should be to put your request in writing that you want the fence removed off your property within 30 days. If he does not comply, then you will need to take legal action to get him to comply. If it only encroaches on your property a little bit, and you wouldn't mind it staying, you could work out an agreement wherein you sell that portion of the land and/or allow him to have an easement, in exchange for money. An agreement and the related documents need to be negotiated and drafted by a lawyer to ensure they comply with the law, and are recording with the Register of Deeds, etc., if appropriate.

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Answered on 11/19/09, 4:47 pm


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