Dearborn Heights, MI asked in Real Estate Law and Land Use & Zoning for Michigan

Q: I bought my house in 2015 and been living in it since 2011 where my Neigbor bought his house in 2011 from a bank.

He had survey on his house recently in 2017 and found out that are driveway,fence, cement and bushes in his land by 3 feet. We are not aware of that. My brother owned this home years ago and had worked on the outside and could have went into there land by fault where he has permit for all work he did and he then sold his house to another person then I bought the house. I'm being sued for the land and the neighbor wants. It will mess up the whole driveway and the fence on my end. What should I do. Could he win the lawsuit

2 Lawyer Answers
Vincent Gallo
Vincent Gallo
Answered
  • Real Estate Law Lawyer
  • Staten Island, NY

A: Did you wisely invest in getting a new survey when you bought your house? Because if you did, you would know precisely what YOUR property lines are, irrespective of what your neighbor so advocates.

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Real Estate Law Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: Short answer: you need to hire a local attorney to represent you.

1) ANYONE can sue, and sometimes prevail on a lawsuit. Without seeing ALL the facts it is impossible to determine the likelihood of that though. Provide complete information including the lawsuit and all surveys to a local lawyer.

2) How long ago was the driveway built? Adverse possession could be a defense. Talk to a lawyer about this!

3) If permits were pulled for the work that implies there might be a discrepency as to the boundaries --- again without seeing all the paperwork it is impossible to know for sure what is going on.

4) If you are being sued, you MUST respond to the lawsuit or you will lose. Did I mention you should seek help from a local real estate attorney ASAP? You should!

Don't wait -- get someone to represent you now.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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