Legal Question in Real Estate Law in Arizona

property lines

My neighbor put up a wall between my house and his prior to purchasing my property. Recently my neighbor said that the actual prop line is 4 1/2 inches into my yard that the wall is not the property line. I spk w/ several people they said incrouchment laws state I own that 4 1/2 inches because his wall is not on the line. He gave up the prop by putting his wall short of the prop line. Is it true he has no intitlement or say so over what I do on my side of the wall please let me know. thank you


Asked on 8/21/07, 4:28 pm

1 Answer from Attorneys

James Jenkins Jenkins Law Center PLC

Re: property lines

A wall becomes a de-facto boundary marker, especially when constructed by the neighbor. That may not be the law, but it is my argument.

Boundary disputes, boundary disputes. They make for such great arguments and enmity between enighbors, yet there is often so little value to the inches argued over.

The advice you got from "garage lawyers" is probably wrong. The real question is, what do you do? I would do nothing. After 10 years, you have probably acquired title to that 4.5 inches by adverse possession. In the mean time, do nothing, and enjoy the use of the 4.5 inches.

Read more
Answered on 8/22/07, 2:06 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Arizona