| I purchased a house that was a bank repo 5 months ago, in Oakland County, Michigan. this was my first time buying a house. it was pointed out to me that the neighbors fence and vehicles were over the property line. I asked what I should do, and I was told there was nothing that could be done until I actually purchased the house. so, I went through with the purchase of the house.
one month after moving in I talked with the neighbor about the fence. he first claimed the city told him to put his fence there about 1 1/2 years prior, and then stated he purchased the property from the previous owner. I checked with the county and there is not a deed for him buying the property.
My next step was to have a staked survey. I waited through the winter months and just had the survey completed. when I picked up my survey it showed he was encroaching 5.49 feet. when I looked at the actual stakes that were put in the ground they were not in the right place. I contacted the survey company to have them come take a look and they said that the stakes they installed had been moved. when the survey company came back to put the stakes in the correct place the neighbor would not move his vehicle or allow the survey company on the property. we contacted the police and they said there was nothing they could do, that I had to go to court to resolve the matter.
Questions:
1. is the realtor or title company responsible in any way?
2. would the neighbor be responsible for any of my legal fees if it goes to court and I win?
3. since I have a staked survey on paper do I have the right to move his things from my property?
4. If I can't move his things can the police make him move them?
5. what else can I do myself to get him to move his stuff? | 
03-19-2001, 09:21 PM
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