Legal Question in Real Estate Law in Arizona

Re: Disclosure

You indicate in the post-header that you are asking a question about Arizona law. If you are asking about AZ law, you need to post the question to an AZ attorney, as I am only licensed in the State of California. That being said, you posted a zip code in California, so I'll give you a preliminary answer assuming your property is in CA.

When you purchased the home, the seller had an obligation to disclose "material" facts. I would strongly suggest that this is a material fact. The question then becomes was it known to, or should have been known to the seller at the time it was sold. There is also a question of how long it has been since you bought the property, whether you had an ALTA survey performed, or had the property surveyed, etc... That being said, you as a buyer also had a duty to investigate certain items, which may have included property boundaries. While you might be able to look to the seller of the property for potential liability, you face a number of issues including the fact that you discovered or should have discovered this problem two years ago when the claim was made by the adjacent property owner. So, if you are talking about a property in California, the best advice I can give you is to take everything you have and make an appointment with a real estate attorney in your area. There are too many variables and not enough facts given to tell you who may be at fault, and who, if anyone is responsible for correcting the problem.

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