Wixom, MI asked in Real Estate Law for Michigan

Q: Our neighbor followed our property surveyor around as he staked our property last week…he verbally shouted at my husband

Immediately after surveyors left the neighbor appeared in his driveway abruptly and shouted toward my husband and I that “ it will all be moved tomorrow” and “ he isn’t approaching us about it…it will be handled”

What is our next action legally as he has not removed his fence or trees…unfortunately, this is not someone we can rationally have a discussion and work something out

We have lived in our home since 2010

When we purchased our home we were given a rough estimate of property corner stakes and a “ google earth” pic of the property

It wasn’t til now due to need to fix our driveway that we had line of sight stakes placed and have found that his fence corner pushed the corner stake over and Trees on our property

This person has had multiple issues with other neighbors concerning property/animals/ etc

This will not be a pleasant issue to deal with due to his hostile and vendictive nature but needs to be done

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
  • Fowlerville, MI
  • Licensed in Michigan

A: You need to 1) document where the survey stakes are and include in the photo things like how far the fence is from the corners etc, by photographing tape measures along with the features of the land etc.

2) get a copy of the written survey report which ideally will also show these encroachments,

3) bring all this and your deed / survey etc to a local real estate lawyer to review so s/he can give you an actual opinion on what it all means.

Do this yesterday, or as soon thereafter as possible.

And good luck ... given what you say, do NOT approach the neighbor do not try to DIY this .... seek local legal representation.

-- 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

Michael Zamzow
Michael Zamzow
  • Grand Rapids, MI
  • Licensed in Michigan

A: I agree with Mr. Zichi, contact a local real estate attorney, you'll need as much of the 'whole' picture analyses as possible before 'doing what needs to be done.'

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