What claim is being made
The burden of proof can depend on whether the neighbor is simply complaining, requesting removal, alleging trespass, or asking a court for a boundary ruling. Different legal claims may involve different proof issues.
Short Answer
In Michigan, the answer usually depends on what kind of dispute this is and what evidence each side has. In a boundary dispute, the person making the claim that the fence is on the wrong property often needs to support that claim with some proof. But in practice, once a dispute starts, both neighbors may need to show documents, surveys, photos, or other evidence about where the boundary line actually is.
A fence by itself does not always prove the legal property line. Fences are often installed for convenience, privacy, or appearance, and they may not match the surveyed boundary. If a neighbor says the fence is on their land, they may rely on a survey, deed description, old plats, prior maps, or testimony about the property line. The fence owner may respond with their own survey, title records, historical use, or other facts showing the fence is within their land or that the boundary has been treated a certain way over time.
Michigan property disputes can involve different legal ideas, such as title records, surveys, possession, and long-term use. The exact burden of proof may vary depending on the claim being made. For example, if the neighbor is asking a court to order removal of the fence, they generally need to support the request. If the issue involves a possible mistaken boundary, both sides may end up presenting competing evidence. The court then decides based on the facts and the applicable property law.
It is also common for neighbors to assume the fence line is the same as the property line when it may not be. Because of that, the first practical step is often to compare the deed, a current survey, and any older records or markers. In some situations, informal agreements, long use, or prior conduct may matter, but those facts are highly dependent on the situation and state law.
Because Michigan property disputes can be fact-specific, it is usually important not to remove, move, or rebuild a fence before understanding the boundary issue. If the disagreement becomes serious, a real estate lawyer or land surveyor familiar with Michigan property disputes may help interpret the records and explain what evidence may matter. This page gives general information only and not legal advice.
What This Question Usually Means
This question usually means a neighbor believes a fence crosses the property line and wants to know which side has the responsibility to prove the fence is misplaced. People often ask this when they receive a complaint, a demand to move the fence, or a survey showing a possible encroachment. In general, the real issue is not just who makes the accusation, but what evidence can establish the legal boundary and whether the fence actually crosses it.
General Legal Rule
In general, the person asserting that a fence is located on the wrong property usually has the burden of producing evidence to support that claim, but boundary disputes often become a back-and-forth issue where both neighbors present proof. A court usually looks to deeds, surveys, plats, physical monuments, historical use, and other facts to determine the true boundary. Michigan rules can depend on the specific claim and facts, and rules may differ in other states.
Key Factors
Survey and deed evidence
A current survey and the deed description are often important because they may show the legal lot lines. If the fence does not match the survey, that can create a dispute, but a survey is not the only possible evidence.
Historical markers and records
Old surveys, plats, pins, fences, aerial photos, and other records may help show where the boundary has long been treated as located. Older evidence may matter if the exact line is unclear.
Possession and long-term use
Depending on the facts, long-term use or maintenance patterns may become relevant. In some property disputes, how the land has been used over time may affect the analysis, but that is highly fact-specific.
Whether there was agreement or notice
If the neighbors previously agreed to the fence location, or if one side knew about the alleged problem for a long time, that history may matter. The legal effect of those facts depends on Michigan law and the evidence.
Physical location of the fence
The exact location of the fence in relation to monuments, lot lines, and improvements is central. A few inches can matter in a boundary dispute, so measurements and site conditions are often important.
When to Talk to a Lawyer
You may want to talk to a Michigan real estate lawyer if the dispute involves a survey conflict, a demand to move the fence, a written threat of legal action, or uncertainty about whether long-term use, agreements, or title issues are involved. A lawyer may also be helpful if the dispute is escalating, if there are multiple owners or inherited property issues, or if you are being asked to remove an expensive structure. Because property disputes can be highly fact-specific, legal guidance can be especially important before making changes to the fence or signing any agreement.
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Browse lawyer profiles in Michigan before deciding who to contact about your situation.
Find Michigan LawyersQuestions to Ask an Attorney
- Who usually has the burden of proof in this type of Michigan boundary dispute?
- What evidence is most important for showing the legal boundary?
- Do I need a survey, and if so, what kind of survey is usually used?
- Could old use, prior agreements, or past fences affect the analysis?
- What risks are there if I move or remove the fence before the dispute is resolved?
- Are there common Michigan property issues that might change the analysis in my situation?
- What documents should I gather before I do anything else?
- Is there a way to resolve the dispute without court involvement?
Documents and Evidence
Current deed
The deed may contain the legal property description and help identify the recorded boundaries.
Prior survey or new survey
A survey may show where the fence sits in relation to the legal line and can be central evidence in a dispute.
Plat map or recorded subdivision map
A plat can help interpret lot lines and recorded dimensions.
Photos of the fence and surrounding landmarks
Dated photos may show the fence location, changes over time, and visible markers near the line.
Old property records or closing papers
Older records may help show what the property boundaries were thought to be when the land changed hands.
Neighbor communications
Texts, emails, letters, or notes may show what each side said about the fence and whether there was any agreement or notice.
Maintenance records or receipts
Proof of installation or maintenance may help establish when the fence was built and by whom.
Historical images or aerial photos
Older images may help show whether the fence location has changed over time or remained in place for years.
Legal Disclaimer
This page is for general legal information only and is not legal advice. It does not create an attorney-client relationship. Laws and procedures may change and may vary by jurisdiction. You should talk to a qualified attorney licensed in your jurisdiction about your specific situation.
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