What to do about an encroachment on my neighbor’s property?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about an encroachment on my neighbor’s property?

I bought a house 3 months ag; its older than the neighbors house. It came with a large pole barn, a chicken coupe and a medium shed. The coupe and shed sit 12 inches on the neighbors property. It’s been there since before they moved in 3 years ago. Now, they told me that I need to move it. However, it’s built into the ground via 4×4 posts ans the chicken coupe has some concrete in it. Since they were there prior to the neighbors moving in do I have to relocate or demolish them?

Asked on November 9, 2012 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You most likely have to relocate or demolish the coup and barn: it doesn't matter whether they predate this particular neighbor moving in or not, you  have no right to encroach or build on their property, and they may requre any encroachment to be removed. Before doing so, however, you should consult with a real estate attorney, review any deeds and surveys, and possibly have the property re-surveyed--it's not impossible that the neighbor is wrong and you do  have that land.


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 with SHA-256 Encryption