Do I have to move a fence that my neighbor states is on their property by approximately 1 inch?

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Do I have to move a fence that my neighbor states is on their property by approximately 1 inch?

We had a survey done 7 years ago to stake the property. They gave us permission to remove part of the chain link fence that was there over 15 years to put our fence up and now they want our privacy fence moved.

Asked on July 3, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Until your neighbors can actually prove via a survey by a licensed surveyor that the fence between your and their property encroached upon their property by one (1) inch you do not have to move it.

Even if it is later proven that there is a one (1) inch encroachment by way of a survey, you still may be entitled to let the fence remain because the neighbors allowed you to place it where it is seven (7) years ago and now after all that time has passed and the expense for the fence to be installed they want a one (1) inch move. Seems that your neighbors are being petty.


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