Legal Question in Real Estate Law in Arizona

My client just purchased a home and the neighbors fence encroaches over the property line. They are friendly neighbors and acknowledge the fence was built over the property line (built about 5 years ago). What can my client's do to protect their long term interests?


Asked on 10/28/09, 3:17 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

The best answer is to sell the neighbor the portion of the your client's lot that his fence sits on. You must protect against the neighbor or some future owner from claiming ownership through adverse possession, now that you know the fence is encroaching. Your client could also lease the land to the neighbor for some annual rent.

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Answered on 11/02/09, 4:26 pm


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