Fence Recourse

[lwayne]

What is the name of your state? MI

I've read the various threads on fences and haven't found the answer I'm looking for.

A new neighbor moved in next door and built a fence that I believe is on my property. The property line was marked with flags when I bought it 8 years ago, but they have long ago disappeared. When the neighbor purchased the property, there were no new flags and he apparently has no idea where the property line is. Despite this, he put the fence up anyway (it just appeared one day when I got home from work).

So, I don't have the exact property line but I do have considerable certainty that the fence is 20 feet over on my line (I have 4.3 acres and this is out back in an area that faces a creek). I would guess the encroachment is 5% of my lot, and the lot is worth $150,000. Since the 5% isn't buildable, the value would be marginal. I'm still not happy about it.

I talked to him about it and got nowhere. Just to do the survey is $2000. To see a lawyer will be more. From my reading on this forum, I know I can do the survey to determine the exact property line and bulldoze. But... what I'm wondering is, can I also sue and get my neighbor to pay for the survey and legal fees? He is, afterall, the one who has caused this problem by not talking to me first.

 

[HomeGuru]

What is the name of your state? MI

I've read the various threads on fences and haven't found the answer I'm looking for.

A new neighbor moved in next door and built a fence that I believe is on my property. The property line was marked with flags when I bought it 8 years ago, but they have long ago disappeared. When the neighbor purchased the property, there were no new flags and he apparently has no idea where the property line is. Despite this, he put the fence up anyway (it just appeared one day when I got home from work).

So, I don't have the exact property line but I do have considerable certainty that the fence is 20 feet over on my line (I have 4.3 acres and this is out back in an area that faces a creek). I would guess the encroachment is 5% of my lot, and the lot is worth $150,000. Since the 5% isn't buildable, the value would be marginal. I'm still not happy about it.

I talked to him about it and got nowhere. Just to do the survey is $2000. To see a lawyer will be more. From my reading on this forum, I know I can do the survey to determine the exact property line and bulldoze. But... what I'm wondering is, can I also sue and get my neighbor to pay for the survey and legal fees? He is, afterall, the one who has caused this problem by not talking to me first.

**A: no, you pay for your own survey.

 

[You Are Guilty]

Of course, you could build your own fence 20' behind the current fence which may result in him going out and paying for a survey. Can you build a fence cheaper than $2000?

 

[HomeGuru]

Of course, you could build your own fence 20' behind the current fence which may result in him going out and paying for a survey. Can you build a fence cheaper than $2000?

**A: then again, using your method, how would the writer know where the property line is to build the el cheapo fence.

 

[lwayne]

Legal Fees

But if I also have to sue, do I eat all my own legal costs too? Or is the common remedy simply to bulldoze once the line is determined?

 

[HomeGuru]

But if I also have to sue, do I eat all my own legal costs too?

**A: it depends if you win or lose the case, what the judge had for breakfast that day, how good your attorney was in presenting the case........

********
Or is the common remedy simply to bulldoze once the line is determined?

**A: uncommon.

 

[You Are Guilty]

**A: then again, using your method, how would the writer know where the property line is to build the el cheapo fence.

That's the point - if Neighbor doesn't care about property line, OP shouldn't care either. Build the damn thing an inch from Neighbor's house*. I guarantee he'll get a survey right quick...















* Disclaimer: This is not real advice.

 

[HomeGuru]

Good disclaimer.