Township's Ability to Assume Boundary Line

Asked May 17, 2013, 8:28 AM EDT

A township issued a zoning permit for an addition to an existing structure in a small lot area on a lake. The drawings and permit assumed that a fence was the proper property line. The structure now has been built, and recently an adjacent land owner conducted a survey. The survey reveals that the fence is not the proper property line. A part of the structure now encroaches on the neighboring property. Is there any case law that supports a township's ability to assume the property boundary as the property owners are treating it?

Ingham County Michigan

2 Responses

The two land owners need to first resolve the boundary issue, themselves in court.
Once settled, then the township needs to move to resolve the setback violation. One could argue (if the property line turns out to be where the surveyor said it is), the original application misrepresented where the property line was located –but that remains to be seen.

Until the boundary issue is settled it is not a zoning question. Once settled there may be a zoning issue with the setbacks.

Thank you very much.