Arizona  |  Real Estate Law

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5/25/00, 11:01 am

Legal Question


Adverse Possession

We purchased some residential lots in 1993. Had it surveyed in 1996/97 and discovered the neighbor's fence is sitting two feet on our property (length of fence is approx 80 ft wide.) There is a 12 ft utilities easement with 6 ft belonging to each property owner. The neighbor's fence encompasses his half (6 feet) of the utilities easement and encroaches 2 ft into our 6-ft. easement. Also, this neighbor has twice removed the surveyor's monument marker (a misdemeanor).

What remedies or recourse do we have? If a civil action needs to be taken, what is the statute of limitations?


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