In Michigan, the owner who puts up a fence pays for it and maintains it. The state's fence law is Public Act 34 of 1978 (MCL 43.51 to 43.60). Under it, the owner next door owes a share only if that owner uses the fence to confine animals. The law was meant for farm boundaries and has little to say about a suburban back yard.
This page is general information, not legal advice. For a dispute, speak with your city or township or with a lawyer.
Does my neighbor have to pay for half of a new fence?
Not unless they choose to. Section 43.53 of the act places the cost on the owner who builds. The neighbor becomes liable for a share only by using the fence to restrain animals. In an ordinary Ann Arbor yard that means you do not have to pay for half of a fence your neighbor wants, and they do not have to pay for half of yours. Cost sharing happens by agreement.
What is a fence viewer in Michigan?
It is an official that a township board can appoint under the same act. A fence viewer rules on whether an owner is using a fence for animals and what that owner should contribute. The act states that fence viewers do not decide where a boundary is. Boundaries are for surveyors and courts.
Who owns the fence between two properties?
Ownership goes with the land under the posts. A fence built exactly on the line by agreement of both owners is best treated as joint, with decisions made together. If there is doubt, a survey will show whose ground the posts are in.
Can my neighbor put up a fence without asking me?
Yes, when it is on their own property and meets the local code for height, placement and any permit. They do not need your consent in most communities. They may not attach it to your fence or build past the line.
A survey shows the fence is on the wrong side of the line. Now what?
Talk to the neighbor before anything else. The usual outcomes are moving the fence to the surveyed line, or a signed agreement that it may remain. A fence that has stood in the wrong place for many years can raise legal questions about the boundary, and a real estate lawyer is the person to ask. We can remove the fence and rebuild it on the right line.
The contractor built my new fence over the property line. Who fixes it?
The contractor, when the contractor decided where the line was or ignored the survey stakes. Write and ask for it to be corrected at no charge. If you were the one who showed them the line, your position is weaker. A good quote states where the fence will stand and who marked that location.
My neighbor and I agreed to split a new fence. How does the billing work?
Put the deal in writing before work starts: the route, the material, the height, the total price and each share. On our estimate the shared run can be shown separately, with the amount due from each owner.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
You can. A fence wholly on your own lot needs no signature from next door in most communities, though the local fence rules still apply. This comes up often near campus, where many houses are owned by landlords who live elsewhere. Have the line marked first so there is no argument later.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
Yes, if it stands on your land, because then it is yours. If it sits on the line or its ownership is unclear, give the neighbor written notice before removing it and keep a copy for your records.
My neighbor's tree roots are lifting our fence. Who handles that?
An arborist for the tree and a fence contractor for the fence. Have the arborist look before any large root is cut, since cutting can destabilize or kill a mature tree, and some trees are protected. We can often shift a post to miss the root or bridge over it with a longer rail.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
It can be stiffened with heavier posts, a bottom rail and tension wire, but a fence is not built to hold back a load. Ask the business owner in writing to move the material. If nothing changes, raise it with the local code enforcement office.
We price every fence after seeing the yard. The estimate is free and comes in writing. Call (734) 441-3554 or text us a photo of the fence line.