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ask17
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What is the name of your state?What is the name of your state?Michigan
I purchased an old home to remodel. The neighbor next door had put up a gate and fence that encroaches on my property. When I asked him to take down the part that encroaches on my property so I could install a new fence along the property line between our lots, he claimed that he now holds possession by the "doctrine of aquiescence". I spoke to the prior owner and he stated that he never gave permission to the neighbor to use the property and could not fence it in, except in a temporary manner(at the front of his driveway) until the prior owner put up a fence along the lot line. He didn't put up the fence because of life problems and because his wife became very ill. The prior owner did put up a temporary fence between his house and the neighbors back yard fence(at the back of his driveway) to keep the dogs out of his yard. Also, as best he can remember,the prior owner said it had not been 15 years since he allowed the temporary fence to encroach on his property. I recently took down the temporary fence the prior owner had installed because it had become dilapidated, with the intent of replacing it with a new fence as the prior owner had intended. Overnight, the neighbor put up a new fence, right were I had taken down the dilapidated fence, that further encroaches on my property. He refuses to take down any of the encroaching fences, locking me out from my property and keeping me from doing the renovation work I intended. Is his claim on my property valid?
I purchased an old home to remodel. The neighbor next door had put up a gate and fence that encroaches on my property. When I asked him to take down the part that encroaches on my property so I could install a new fence along the property line between our lots, he claimed that he now holds possession by the "doctrine of aquiescence". I spoke to the prior owner and he stated that he never gave permission to the neighbor to use the property and could not fence it in, except in a temporary manner(at the front of his driveway) until the prior owner put up a fence along the lot line. He didn't put up the fence because of life problems and because his wife became very ill. The prior owner did put up a temporary fence between his house and the neighbors back yard fence(at the back of his driveway) to keep the dogs out of his yard. Also, as best he can remember,the prior owner said it had not been 15 years since he allowed the temporary fence to encroach on his property. I recently took down the temporary fence the prior owner had installed because it had become dilapidated, with the intent of replacing it with a new fence as the prior owner had intended. Overnight, the neighbor put up a new fence, right were I had taken down the dilapidated fence, that further encroaches on my property. He refuses to take down any of the encroaching fences, locking me out from my property and keeping me from doing the renovation work I intended. Is his claim on my property valid?