Michigan Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half

State:
Multi-State
Control #:
US-00945BG
Format:
Word; 
Rich Text
Instant download

Description

Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.

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FAQ

An example If your neighbor has a history of complaining about noise coming from your backyard pool and he suddenly builds a fence that is so tall that it blocks the sun to your pool, this could be a spite fence. By blocking the sun, your neighbor knows you will not use your pool as much.

All residential or commercial fences require a fence permit.

No permit is required to a fence. Fences may not exceed six (6) feet in height. Fences may be placed up to the property line, except for on a corner lot: corner lots require fences to be placed a minimum of ten (10) feet back from the property line on the non-addressed roadway.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

Fences do not require a permit to be constructed. Chain-link fences are not allowed in the front yard. Privacy fences are only allowed along the side and rear property lines, behind the face of the house.

In Michigan, a ?spite fence? case is defeated if the defendant establishes by affidavit or testimony any credible evidence that erecting the fence had a useful purpose, EVEN IF the defendant also admits that spite was also a motivating factor.

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Michigan Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half