Legal Question in Real Estate Law in Arizona
Fence Encroachment
We purchased a lot in Arizona and just noticed according to the survet that the next door neighbor's fence is encroching from 7 to 14 feet in our lot.
We are in process of selling the lot and became an issue. The ownner of the fence has no intentions to remove the fence. Can he do that? if so, can we remove the fence without being any hassles? This property is an investment property for him and no one lives there as of yet.
What are our legal rights regarding this matter. We lost a sales contract, because of his lack of response for the removal of the fence. Thank you!
1 Answer from Attorneys
Re: Fence Encroachment
You can cause the owner of the property next door to remove his fence or you may remove it and sue him for the cost of doing so. In either case, you need to bring a law suit and you may possibly have a claim against the title insurance company as well. Because you have notified him of his encroachment and he has evidently refused to remove the fence as you requested, you should take action at once. I do not recommend that you simply remove the fence without taking action against him, making a proper formal demand that he remove it, and so on.
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