Legal Question in Real Estate Law in Arizona

Property Line

I have a neighbor who has owned his home for about 10 years. He is now putting a pool in and after the homeowners assoc. approved the pool, he put a letter on my car saying that the fence that divides our property is 20'' to far towards his property and that he can take it down without notice and move it 20'' over on my property. He just now 10 years later is saying something. He never mentioned this to the two previous owners. I think it is because he is putting the pool in and it is to big for his lot size. I have contacted the people that originally surveyed the subdivision but they want to charge 2000.00 to re-survey. He won't pay nor will he provide any documentation that proves what he says. I am a single mother trying to go to school and work to stay off state aid and can't afford to pay 2000.00 either but do not want to loose what is mine and has been this way for 10 years. He also got very upset when I sent a certified letter to him and the homeowners assoc., to respond to the letter he put on my car. His explanation for putting the letter on my car about this was nothing was official and he was being a good neighbor by letting me know. Any suggestions how to handle this would be appreciated.


Asked on 11/19/06, 7:37 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Property Line

This is important to realize: If you live in the city, and have occupied that portion of the property for at least ten years, it is yours by adverse possession, regardless of the survey or the legal description in the deed. You will need an attorney to help you. I would not advise the survey. Take the position that you have exclusively occupied the property for ten years and it is yours. Save your money on the survey. It is irrelevant at this point.

Good luck.

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Answered on 11/19/06, 9:57 pm


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