Legal Question in Real Estate Law in Arizona

encroaching neighbor

i purhcased a lot in a subdivision. my neighbor built his house on part of my property due to an erroneous plat map. who is at fault?


Asked on 9/29/06, 5:47 pm

2 Answers from Attorneys
James Jenkins Jenkins Law Center PLC

Re: encroaching neighbor

Even though the plat map may have been in error, the neighbor will be liable in my opinion for the incursion. Unfortunately, it may be unlikely that the building will be removed.

More facts are needed to give a proper full opinion. Seek a consultation with an attorney. We offer free, no obligation consultations at 480.835.1500. All evidence, such as the plat, photos of the building, correspondence, etc. will need to be examined.

Best regards,

James D. Jenkins

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Answered on 10/02/06, 2:45 pm
Cheryl Rivera Smith The Smith Law Firm

Re: encroaching neighbor

Your neighbor. You are entitled to damages but his or her title insurance policy may pay. The procedures for making the title claim are on the jacket of the policy.

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Answered on 9/30/06, 10:17 am


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