New Nibore, new fence

[mattthecat]

What is the name of your state, Michigan.
In 1946 my mom and dad purchased a plot of land from a developer. They were the first to do so. Over the years, the neighbors have been basically the same as have the natural boundaries.

Last year, a neighbors who have purchased a house (3-5-7 years earlier) took down his fence and move it about five feet towards my yard. basically reestablishing the property line. I'm not sure if he had a professional land surveyor or if he just looked up the stakes, but never the less he moves the fenc/boundaries.

My question is, does the property still in my families name, (both parents are now passed on) have any grandfather clause?

What /who should I ask at the county building for information regarding land boundaries?

He also moved the fence so close to my yard, that in order for him to mantain it, he has to go into my yard. (to paint, trim the grass ect..)

 

[rowz]

First you should find your deed which has the legal descripotion [aka the metes & bounds] of your property.

Using the Deed, if you are able to figure out the legal boundaries of your land an if they those boundaries have been encroached upoon by the neighbor then you will need to send them a formal letter [sent CM/w RRR] stating that they have 10 days to remove the fence.

If youcannot establish the proper boundaries [and you may want to do this anyway] YOU will need to hire a surveyor to re-establish the property lines.

If you do not feel that you are able to follow through in this manner then you will need to have services of an attorney to do it for you.

Time is not on your side, so you need to take this situation very seriously and act to assert your property rights.

Good luck

 

[sally1]

It would be a good idea to have atleast a boundary survey done which will show you if there is an encroachment. A property survey will do the same,but will also show where everything is on your property.

 

[mattthecat]

Thank you for your replies, its has helped me a lot. I'm getting together the information.

I find it interesting that in order for my neighbor to maintain his fench, he has to go further in my yard. This seems not correct as I do not like the idea of the neighbor having a "reason" to be in my yard when I'm working, ect.

 

[LizzieB]

Thank you for your replies, its has helped me a lot. I'm getting together the information.

I find it interesting that in order for my neighbor to maintain his fench, he has to go further in my yard. This seems not correct as I do not like the idea of the neighbor having a "reason" to be in my yard when I'm working, ect.

I agree with the advice you've been given, but from a practical standpoint, you should be glad your neighbor is maintaining his fence facing your property. It could be worse.

And what's the difference if neighbors on other sides have no fence as you've intimated?

 

[not2cleverRed]

I agree with the advice you've been given, but from a practical standpoint, you should be glad your neighbor is maintaining his fence facing your property. It could be worse.

And what's the difference if neighbors on other sides have no fence as you've intimated?

Because the neighbor is trespassing.

This is why many municipalities have laws about where a fence can be located.

Furthermore, a neighbor who trespasses to maintain a fence pretty soon thinks they can run hoses under the fence to your side from their jucuzzi, dump yard and construction waste on your side, send uninsured landscape people on your side to climb up your trees to cut limbs that might be shading their pool - VOE.

In addition to establishing exactly where the property line is, OP should determine what the community's rules on heights and setbacks from property lines are. Ask town/city hall's information desk, and they should be able to direct you to the correct department.

You are dealing with the possibility of losing land through adverse possession if you let this go on too long unchallenged.

 

[mattthecat]

First thank you for your help. Do I go to my court house to file a dispute? Should I first go to the county with my dispute?