QUESTION
Can my neighbor move a fence line along the property boundary without my permission?
Asked on Apr 08th, 2013 on Landlord and Tenant Law - Washington
More details to this question:
Approximately 20 feet of the fence 3 feet on neighbor’s property but most is on my side. The existing fence has been there for 13 years and it replaced the fence that was in the same place for 40 years.
5 ANSWERS
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Most municipalities in Michigan require a survey and a fence permit.
Answered on Apr 09th, 2013 at 9:52 PM
If the fence is on the property line then the neighbor can replace it without your permission or need for financial contribution. If it is on your side then you can prevent the removal of the fence but you should consult a real estate attorney first to insure that you don't make the problem into a feud.
Answered on Apr 09th, 2013 at 12:29 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If fence is on your property you should get a survey to prove then file an action to stop them from putting fence on your property or to remove if already there.
Answered on Apr 09th, 2013 at 12:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There is a possible issue, is it worth the attorneys' fees if the fence is now on the correct line?
Answered on Apr 09th, 2013 at 12:08 AM
Land Use Attorney serving Tacoma, WA
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Harper Law Offices, Inc., P.S.
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The facts your state could form the basis for a claim of adverse possession or boundary by acquisition. What this means in simple terms is that no, your neighbor might not be able to lawfully move the fence. You should consult with an attorney right away as some very important property rights are involved here.
Answered on Apr 09th, 2013 at 12:08 AM