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

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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 10 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.


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