What to do about an encroachment on my neighbor’s property?
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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 11 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.
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