What to do about a property line dispute?

I had a survey done 7 years ago and with the neighbor’s permission took down a chain link fence and put up a wood fence on the property line. They recently had a survey done and state that part of our fence is 3 inches onto their property. They want the fence removed and they want reimbursed for the chain link fence. Do I have to remove my fence and do I have to reimburse them for the old fence that was removed with their permission? They are threatening to sue us.

Asked on July 30, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your neighbor gave you permission to remove the old fence and install the new you have no legal obligation to reimburse them for the old fence under the law.

If part of the fence is three inches on the neighbor's property and want the fence moved as such, then the neighbors need to provide you with a copy of the survey they had done so you can evaluate what to do. I suggest that you may want to consult with a real estate attorney to see what you should do to try and resolve the dispute you have written about.


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