What if my neighbor won’t maintain their side of the fence?

Under Michigan law, when two adjacent property owners share a boundary line, they are generally considered to be “common owners” of any fence located on that boundary line. This means that both property owners share equal responsibility for maintaining and repairing the fence.

However, there are some exceptions to this general rule. For example, if one property owner built the fence entirely on their own property, without any contribution or agreement from the adjacent property owner, then that property owner would be solely responsible for maintaining and repairing the fence.

Similarly, if there is a written agreement between the two property owners that allocates responsibility for the fence maintenance, then that agreement would govern the respective responsibilities of the two property owners.

In the absence of a written agreement or any other factors that might affect the allocation of responsibility, both property owners are generally expected to share equally in the cost and responsibility of maintaining the fence. This could include repairing any damage, replacing missing or broken sections, and ensuring that the fence remains in good condition.

It is important to note that property owners in Michigan have a legal duty to maintain a fence that is in a safe condition and does not pose a danger to others. If a fence is in a state of disrepair and causes injury or damage to someone, the property owner responsible for maintaining the fence could be held liable for any resulting damages or injuries.