In Michigan, the owner who builds a fence pays for it and maintains it. The state fence law, Public Act 34 of 1978 (MCL 43.51 to 43.60), only makes an adjoining owner pay a share if that owner uses the fence to contain animals. The law was written with farm fences in mind, not city lots.
This page is general information, not legal advice. For a real dispute, talk to your city or a lawyer.
Does my neighbor have to pay for half of a new fence?
No, not unless they agree to. Section 43.53 of the act says the owner who builds the fence pays for building and maintaining it. A neighbor owes a share only if they use that fence to hold animals in, or they may build their own fence instead. So on a normal Lincoln Park lot, neither of you has to pay for half of the other's fence. Shared fences here are split by agreement.
What is a fence viewer in Michigan?
A fence viewer is an official under the same act who can decide each owner's share of a fence's cost when animals are involved, and assess damage animals do to a neighbor's fence. The act states that a fence viewer is not charged with settling boundary disputes. That is a job for a surveyor and, if it comes to it, a court.
Who owns the fence between two properties?
Whoever owns the ground it stands on. If it sits right on the line and both owners agreed to it, treat it as shared and make decisions together. When nobody knows, a survey shows which side the posts are on.
Can my neighbor put up a fence without asking me?
Yes, on their own land, as long as it follows city rules on height, material and permits. There is one big exception in Lincoln Park: an existing chain link fence cannot be removed without the consent of all adjoining neighbors. Melvindale's fence application also asks for the adjoining owner's approval when the fence is on a shared line.
A survey shows the fence is on the wrong side of the line. Now what?
Talk first. Either the fence is moved to the surveyed line, or both owners sign a written agreement letting it stay. A real estate lawyer can explain what a long-standing fence line means for your lot. We can take the fence down and reset it on the right line.
The contractor built my new fence over the property line. Who fixes it?
The contractor should, if they picked the line or built past the stakes. Ask in writing for it to be moved at their cost. Your claim is weaker if you showed them where to build. A good quote says where the fence goes and who marked the line.
My neighbor and I agreed to split a new fence. How does the billing work?
Write it down first: where the fence runs, the material, the height, the total and each owner's share. We can show the shared stretch as its own part of the estimate with each owner's amount.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes, a fence entirely on your own lot does not need the neighbor's signature in most cities, though it still follows the fence rules. In Lincoln Park, though, if the old fence on that line is chain link, you need the neighbor's consent to take it out, so your new fence may have to go 3 inches inside it. Have the line staked before you build.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
If it is on your lot, yes, it is your fence. If it is on the line or you are not sure, tell the neighbor in writing before it comes down and keep a copy. If it is chain link in Lincoln Park, get the neighbors' consent first, since the city requires it.
My neighbor's tree roots are lifting our fence. Who handles that?
Two trades. An arborist looks at the roots and we handle the fence. Do not let anyone cut a large root before the arborist sees it, because that can kill the tree or make it unstable. Often we can move a post to one side of the root and span over it.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
Yes, with heavier posts, a bottom rail or tension wire on your side. It still will not act as a retaining wall. Write to the owner and ask for the load to be moved. If it keeps happening, report it to the city.
The only real price is one measured on your lot. Call (313) 723-2710 for a free on-site estimate, or text a photo of the fence line to the same number.