Do I have to move a shed that I thought was on my property?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have to move a shed that I thought was on my property?

I built a shed 10 or so years back on property I thought was mine, but now the current neighbors had a survey done recently and I find my shed, according to the survey, is 6 inches on their property. They moved in 7 or 8 years ago and at the time erected a fence well onto their property. Since however, they have replaced the fence with a new one, 2 inches off from their survey line and destroyed all my plants in the way. They have insisted now I move my shed. I have maintained the property the entire time. Do I have any recourse?

Asked on November 2, 2010 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

There are two issues here: the shed and the fence.  If the shed is on their property and you can not maintain an action for adverse possession of the 6 inches of land (a type of action that allows you to claim the property as your own if you fit all the criteria), consider then purchasing the land from them if you do not want to move the shed.  If they bring an action to quiet title and to claim the land as theirs they will have you move it. 

As for the fence, do you mean 2 inches off in your direction or still on their land?  You can get them for destroying the plants on your property and maybe trespassing.  But really, is all this fighting necessary?  Why don't you sit down and come to some agreement here as to the issues before you.  It is not worth fighting over as you may be neighbors for many years to come.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption