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Encroachment

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BillW

Junior Member
What is the name of your state (only U.S. law)? Michigan

We have a neighbor that built a new house next to us last year (east). We sit on appox 5 acres. The neighbor's builder installed a drain field which encroaches into our property by 60-70 feet. Hard to determine exactly where the property line is because it is a wooded lot. However, I am able to get within 4-5 feet of the property line. The neighbor was aware that they were encroaching our property and had previously said they would buy 100' of the property at an agreed price (24K). So I was really not worried about it at that point. However the time for the purchase has come and gone and it appears that he is now backing out. Of course this has all been verbal and nothing written down.

While I want to be a good neighbor, I don't want to lose my rights to sell the property in the future or lose and marketable lot if I should decide later to split off that portion of the property and sell it (currently worth 45-50K).

How long should I wait before getting an attorney?
While I want to work this out with the neighbors in an way that is a win-win for both. I don't want to wait to long for them to understand I am serious about their tresspass and the potential loss to me.
 


jimmler

Member
Don't wait. First, get a survey so you KNOW what the encroachment actually consists of.
Excellent advice. Ask the surveyor to locate the trench area, if you can still see where the ground was disturbed, this is not usually included in a boundary survey. You should ask for a drawing showing the property lines and encroachment, which you can take to a lawyer to see what your options are.

The surveyor and lawyer can help you with any lot line adjustments or encroachment agreements.

jimmler
I am not a lawyer, I have been in surveying since 1989.
 

HuAi

Member
Additionally don't forget about the setback for setptic system. In my neck of the woods thats 10 ft from your neighbors. After all who wants black water coming over the boundary lines!
 

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