Is a composit fence a permanent structure?

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Is a composit fence a permanent structure?

My neighbor wants me to remove my 6′ composit privacy fence. It is in a 12′ utility
easement. The state law states that I can put anything in this area with the
exception on a permanent structure. Can I base my position on the fence not being
a permanent structure.

Asked on December 4, 2017 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If, as we assume, it is dug into the ground or otherwise attached to the ground, it is a permanent structure. Anything anchored to the earth (fence; home or shed on foundations; deck or patio; etc.) is a permanent structure even if it could be removed--after all, anything could be removed with the right tools and labor. It is affixing it to the ground in the first place that makes it permanent.


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