Legal Question in Real Estate Law in Arizona
prperty line
part of my fince is 6 in. on our neighbors property. Its been there greater than 7 years and the neighbor never had the property servey done prior to purchas. I'm told that if I used the property for over 7 years that it becomes mine. Is that true or do I need to move my fence?
1 Answer from Attorneys
Re: prperty line
The duration of uninterrupted use required to gain title by adverse possession is ten years, not seven. You did not say if your neighbor has demanded that you move your fence. If the neighbor has sent you a written demand accompanied by a deed and a check for five dollars, he is probably preparing to file a quiet title action in the court. Or he may be preparing to sue you on other grounds, such as trespass. In either case, you will be ordered to move the fence and probably required to pay for the neighbor's attorney's fees and/or damages.
The sensible thing to do is to either move the fence, or make some arrangement with the neighbor to rent the disputed property, or get an easement from him. This type of arrangement will likely involve paying some money to the neighbor.