Legal Question in Real Estate Law in Michigan

Newly Purchased Home and Neighbors Fence runs Crooked and onto my Property

I bought my home 1 year ago. Both neighbors to the East and West had fences in place when I bought my house. My lot is 66’x132’ as are theirs. Last week, my neighbor to the West cut down a big bush that hung over into my yard several feet. No problem. But then, she planted some bushes, covered the area with mulch and used 4'' high rubber border that curves into my front yard by 4 feet. Next, prior to my buying my house, the neighbor to the East of me had run a fence on a diagonal from the rear corner of their house to the exact rear corner of my garage and then ran it straight back to the fence at the back of the lot. I took a measurement and found I'm missing 3 feet from the 66 foot width stated in my deed. Also on the East side, I have an entry door on the garage that exits on what would seem to be the neighbors property if you use their fence as a guideline. And upon closer inspection I found that the neighbor to the West's fence takes a four foot jog (over a length of about 25 feet) toward my house as it approaches the street. This 'drift' is obvious now that I have really looked at it. What can I do to get this straightened out? I pay taxes on this.


Asked on 6/14/06, 10:25 pm

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Newly Purchased Home and Neighbors Fence runs Crooked and onto my Property

First, I suggest that you take a practical approach to this problem by talking to your neighbors about your concerns and asking them to share the cost of a survey with you. I do not think that you should rely on your own surveying skills/measurements. Remember, surveyors use precision equipment. If your neighbors do not want to share the cost of a survey or voluntarily remove these encroachments(assuming they are encroachments), then you should pay for the survey yourself. After a survey, if there are encroachments that your neighbors will not remedy voluntarily, you will need to file a complaint to quiet title in circuit court. There may also be local ordinances that would require that your neighbors remove a fence that encroachs on your property. Your neighbors also most likely needed a permit to install a fence.

Good luck.

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Answered on 6/15/06, 8:41 am


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