Legal Question in Real Estate Law in Michigan
property lines
we put in a flowerbed/berm 14 years ago with a tree and bushes. My next door neighbor had his prop. surveyed out of anger just recently - and it turns out it is actually half way on his prop. We have no problem digging them up and moving them, but, can he dig them up first? Are they his bushes or ours?
1 Answer from Attorneys
Re: property lines
Arguably that area of the property is yours via a claim of adverse possession. On the other hand, all plants that are on your neighbor's property are his. (Once a plant is put into the ground, it cannot be separated from the real property, much like a fixture.) Again on the other hand, you could argue that since it was a mistake, he should not be unjustly enriched, and should pay for the value of the plants if he intends to assert ownership of them.
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