Legal Question in Real Estate Law in Arizona

fence/property line dipute

My neighbor installed a chain link fence mistakingly thru my yard (he went off incorrect markers). I got the land surveyed and it clearly shows he got a portion of my yard. What can i do to have him remove the fence if he refuses?


Asked on 9/24/07, 1:27 pm

2 Answers from Attorneys
Gloria Meyer Meyer Law Office

Re: fence/property line dipute

If you are absolutely certain that the fence is on your property you can move it, remove it, erect your own fence on your own property next to the property line, or file a lawsuit against him for trespassing and conversion. It would be wise to show the survey to your neighbor and try to work this out with him before you take any such action. If you allow your neighbor to use your property without your consent for a period of ten years he could claim title to the property by adverse possession.

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Answered on 9/25/07, 2:35 pm
James Jenkins Jenkins Law Center PLC

Re: fence/property line dipute

See a real estate attorney. Try to settle out of court. If not, a lawsuit can be filed. This does not make for good neighbor relations.

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Answered on 9/24/07, 1:50 pm


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