Disputes About Property Lines

Legal Matters

By Kimm Burger — KB Law Office, PC

It’s summertime and we are all working in our yards mowing grass, planting flowers, cleaning up brush lines, and just enjoying the sun in our yards. In Michigan, the sun doesn’t always shine so we take advantage of it whenever we can.

It is always assumed we live in the “Happy Days” world where neighbors get along and everyone is happy, no matter what. However, that is not the reality of our world today. The mowing of grass, cleaning the brush lines and “enjoying your yards” can cause major issues between neighbors. Many times, one neighbor believes the property line is in one position and the other neighbor vehemently disagrees with that, thus, anger and frustrations ensue. At times, the Courts become involved with the property line disputes, sometimes criminal courts when things get physical (and it has happened), or the entrance of a personal protection order between neighbors.

When there are disputes about property lines or what you can or cannot do, it is always best to consult legal advice. But, in the meantime, if you believe the property lines are not as identified, it is truly best to get a survey completed; that way, there is absolutely no question on who owns what.

Another issue that is common is cutting brush lines or trees. Again, neighbors get mad because one neighbor may feel the other is intruding on their land to cut trees or the brush. In the legal sense of things, if the tree or brush is on your side of the property, you are generally allowed to cut only those things that fall on your side like branches and brush. Think of it as a straight line from the ground to the sky – those things that are on your side of the line you are allowed to cut, within reason, and if it falls on the other, you are not allowed to.

Now, there are always issues because trees can sometimes fall on both sides of the properties, to include their trunks. One person is not allowed to cut the tree down or cut the trunk so that it ruins the other neighbor’s use of the tree. Again, consult with an attorney if these things are occurring as the information here is just a rule of thumb and there are many things that can be used to amend them.

The best advice is to remain calm, don’t do things out of anger, and talk it over with the neighbor. Most of the time, things can be worked out peacefully.