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Michigan Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property

Category:
Real Estate - Complaints
State:
Multi-State
Control #:
US-03188BG
Format:
Word; 
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Description

An encroachment is the situation that exists when a structure is built in whole or in part on a neighbor's property. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. Disputes arising from a confusion of boundaries may be generally settled by an action at law. However, courts of equity will entertain a bill for the settlement of boundaries when the rights of one of the parties may be established upon equitable grounds.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property

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FAQ

First, both parties need to recognize that there is a specific line; and second, both parties need to acknowledge the line as the boundary separating both properties. To determine if the landowners meet the requirements, the court may look at the history and usage by the landowners.

To establish adverse possession, an individual must demonstrate possession of the real property for a period of fifteen (15) years and that the possession has been actual, visible, open, notorious, exclusive, continuous, hostile, and under a cover or claim of right.

An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.

In every case where a public highway has been or shall be encroached upon by any fence, building, or other encroachment, the commissioner or commissioners having jurisdiction over the road may make an order under his or their hand requiring the owner or occupant of the land through or by which such highway runs, and of ...

Under Michigan law, the doctrine of acquiescence applies to issues regarding property boundary lines. The doctrine of acquiescence for a statutory period provides that where adjoining property owners acquiesce, or accept, a boundary line for at least fifteen years, that line becomes the actual boundary line.

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