Can my neighbor maintain two feet on my property?

Full question:

I have a neighbor who cleaned out the fence row between our fields 9 years ago. He then had it surveyed and without us knowing at the time put steel posts on our side of the line. Over the following 9 years he has moved over on our side a little more. So this year I had it surveyed and found out that he was on our side. He now states that he has the right to maintain 2 feet on our property. Does he, and is there anything we can do about it?

  • Category: Real Property
  • Subcategory: Encroachment
  • Date:
  • State: Michigan

Answer:

Disputes between neighboring landowners can arise over property boundaries, fences, and encroachments. A boundary is a line that separates two adjacent properties, which can be marked by fences, ditches, or other features. If a neighbor builds a fence on their own property, it belongs solely to them. If both parties contribute to the fence, each owns the part on their respective land.

In your case, your neighbor's claim to maintain two feet on your property is questionable. Generally, an encroachment occurs when a structure, like a fence, intrudes on another's property. If you have had the property surveyed and it confirms that your neighbor is on your land, you may have grounds to address this issue.

Encroachments can lead to disputes or agreements between neighbors. If you cannot reach an agreement, you may want to consult an attorney to negotiate a boundary-line agreement. This can help avoid costly litigation. If necessary, you can file a quiet title action to seek a court ruling on the property line. In such cases, the court may issue an injunction to prevent further encroachment.

In Michigan, the statute of limitations for property claims is generally 15 years (Mich. Comp. Laws § 600.5801). If your neighbor has been encroaching for less than this period, you may still have a valid claim. However, if they have established adverse possession, which requires visible, open, and continuous use of the land for the statutory period, they might claim ownership.

To protect your rights, consider documenting the encroachment and seeking legal advice. An attorney can guide you through the process of resolving this issue effectively.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, a land survey can be incorrect due to various factors, such as human error, outdated information, or misinterpretation of property boundaries. If you believe your survey is wrong, consider getting a second opinion from a licensed surveyor. Discrepancies can sometimes be resolved through further investigation or legal action if necessary.