Can I be required to remove my fence if it was put up with a permit?

The zoning administrator who signed it said it was issued by mistake. The reason for the violation is that the fence is not 25′ away from the right of way of the intersection. The fence permit included a site plan contained all the information that was asked for on the permit. I was not given a copy of the city’s fence ordinance until I was asked to take it down. The fence is a 6′ privacy fence that replaced a 4′ chain link fence

Asked on July 27, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written about in your question, it would appear that you will have to remove the fence that you installed as is as bing in violation of your municipality's ordinance. The reason is that although you received a permit from a governmental employee to erect the fence, the placement "as is" was in violation of local zoning laws on the books.

Since such zoning laws were already in place when the fence was constructed, you are deemed under the law to have been on actual notice of such.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.