Property dispute

[whitetaildeer]

I am from Carson City, Michigan-- We have had a problem with our neighbors and the 9/10 of an acre they have out of our 117 acres. They felt they owned more than the old fences showed. So we had it surveyed and found out it was surveyed completely wrong. They took us to court on this and won on adverse possession. Finally the line is settled. So we have contacted the person we needed to find out about putting a fence around this 9/10 of an acre, and whether we had to stay off of the line so far or not. We will be putting cattle in the field around it. We were told that the fence could be on the line as long as it is for agricultural. So we put the fence up, actually about an inch off of the line on ourside. The neighbors have been nothing but a problem. We have been called everything by them and had the police out here for many things. Now what is happening is that the neighbor aparently feels that he can do what ever he want to the fence. He has weaved a wooden stake through our woven wire fence that has a birdhouse on it an then he has wired it to the fence. We have called the police again and they called them asking them to remove the birdhouse. They told the police that it is there side of the fence and they can do what they want to it with it. The officer told them they needed to remove it because they do not own the fence. They finally said ok. Well it has been a few days and they have not removed the birdhouse. What I want to know is can we remove the birdhouse ourselves and lay it in their yard? We were told that if we did he could charge us with malitious conduct. Even though it is our fence. Is this true? What can we do about this situation? We have been trying to do things legally.

Thanks, Whitetaildeer

 

[vrzirn]

I cannot believe this! 9/1o of an acre out of 117 acres and you are making this uproar over a lousy little birdhouse. You ought to be ashamed of yourself.

 

[blindpig]

First let me say, I am not a lawyer and I am from a different state. Second, the previous reply must have been written by someone who has never lived next to a person like your neighbor!I am currently exiting a similar problem, as a winner, but it has cost some money and alot of headaches. In my state, that birdhouse would be an encroachment to your property and you could remove it. It is a civil matter so the police could not charge you with anything unless the neighbor could prove that he owned the land where the fence and the birdhouse exist. Then you would have to pay for the house and might be charged. You paid for the fence and put it on your side based on a legally and mutually agreed upon survey...It's your fence, not his...If he paid half for the fence then he can hang anything he wants on it. If it's your fence and you paid it all, then I have a solution that the cows can provide. Put some of those tasty pellets, that cows can't resist, all around the birdhouse. It might be down sooner then you expected! Good luck and may no one encounter a neighbor that seems to be like mine.