Legal Question in Real Estate Law in Arizona
A previous neightbor attached the sides of his block wall to the back of our blockwall which is on our property. This occured 9 years ago. He planted a row of palm trees 20 inches from the wall. He also built up the property and now the watering of the palms leaves our blockwall wet all the time and the stucco is peeling off. The neighbor sold the property in 2008 and the new owners claim they were not aware of even who owned the wall.
We had our property surveyed and there is encraochment by 2 and 3 feet.
We have politely asked that the trees be trimmed and to reduce the watering but they have refused to do so. Can we ask the neighbor to detach
1 Answer from Attorneys
Yes. You can let the neighbor know that he is encroaching on and causing damage to your property. If the neighbor does comply you would want to send a certified letter return receipt requested advising them that they are encroaching on your property and that they need to stop or you will take legal action against them.
The certified letter is the proof you would use in court, if necessary, to show that you tried reach an amicable resolution to the situation.
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