Legal Question in Real Estate Law in Arizona
Block wall and property line
Our neighbors built a wall on a retaining wall left by the previous owners over 10 years ago. The wall is on the property line between our homes. We put up trellises with vines and have been coming home and finding them pushed over off the wall. The neighber admits to doing it and wants to sue us for the damage (screws) to the wall and wants to come onto our property to now paint the wall and wants us to remove all plants. What rights do with have to the wall and our plants?
1 Answer from Attorneys
Re: Block wall and property line
These sorts of neighbor/boundary line disputes are troublesome in that they often involve rude neighbors, lots of time and expense, and very little value argued over.
Do you have CC&R's in your neighborhood which address the issue of walls? If so, check that. Is the wall exactly on the property line? If so, you have an excellent argument that it is one-half on your property and you are entitled to use and maintain it. On the other hand, depending upon the CC&Rs, if you get it, and use it, you could be responsible for payment of 1/2 of the construction costs and maintenance.
You could hire a mutual mediator to resolve this, but there will be a professional fee, and both parties would have to agree in advance in writing to abide by the decision.
good luck,
James D. Jenkins
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