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Neighbors fence encroaching

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Vanness

Junior Member
What is the name of your state (only U.S. law)? MI
My neighbors fence is encroaching 14' x 25' on the back corner of my property. I have asked them to move it multiple times. The fence is in disrepair and they have 4 pitbulls that they breed, which have escaped a few times. I've had the police and animal control to my house because they were in my fenced yard, instead of theirs. They do not use the property in question, and the weeds are higher than the 6' fence. Double fencing a property line is illegal and I don't want to waste the money to remove the fence to put it on the property line when this is resolved. The last time the neighbor said I could move the fence to the property line only if I reuse their old wooden fence. I said their fence was junk and couldn't be reused but we were installing 6' high chain link fence with privacy slats so it would be that same as a wood privacy fence. She then refused and told me not to touch her fence. I moved into my house in 2008. They moved into their house in 2010, their house was built in 2000 and a permit to install the fence was never obtained. I surveyed my property, they pulled the survey iron out and threw them in my yard, I was told without proof that they did it there was nothing that could be done. I went to the city building and had the building inspector out to my house. He told me that even though I have my survey, the building permit from the neighbors home from the city proving the fence hasn't been there 15 years, and the plot layout from the city there is nothing they can do, and if I touch their fence I can be arrested for malicious destruction of property. I went to the Court, the woman in the Civil Court told me she had no idea what I could do to go to the City Building, I went back to the City Building, they told me to go to the Court. The Court then told me I'd have to hire a lawyer to figure it out. I can't afford a lawyer, if I could I would have had this taken care of a long time ago! Legal Aid doesn't take on real estate cases.

My question is: Is there a form I can fill out at the Court to file for a hearing myself? I have all the proof that the statute of limitations has not passed, that its my property, and they never obtained a permit for the fence. I just need to figure out what and where to file.

Thank You!
 


154NH773

Senior Member
Is there a form I can fill out at the Court to file for a hearing myself?
Going to court to quiet title is much more complicated that "filling out a form". Based on your inquiry, you will need a lawyer.

I suggest that you have the surveyor reinstall the corners using electrical grounding rod, four to six feet long and pounded into the ground just below the surface. They can be found in the future using a metal detector, and would be almost impossible to pull out. You could set up a dummy rod at the corner and mount a game camera where it will photograph the neighbor if they try to pull out the stakes.

Once you have the corners marked again, have a lawyer notify the neighbor to remove the fence from your property and set a deadline. Notify him that after the deadline you will remove the fence. You can then remove the fence, but do it without damaging it any more than it already is, and place it on his property. Discuss this with your lawyer before proceeding to ensure you are not breaking any laws.

You do need a lawyer, but if you don't have to actually go to court, it may not cost you too much.
 

Vanness

Junior Member
Thank you! What if we start the process with a lawyer and the statute of limitations ends? Would they have legal right to my property or wouldnt the statute of limitations matter after we begin the process of legally getting the property back?
 

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