I was recently selling my piece of property to someone on land contract. They put up a fence on the property, but when they decided to leave and not buy the property they took the fence down and took it with them. They have put a lean on my property for their deposit, the cost of putting up and removing the fence. Can they charge me for the fencing, the putting up of it and the removal of it, when they did not leave the fencing and they abandoned the property without notice. We are in the town of Duncan in Greenlee County in the state of Arizona.
1 Answer from Attorneys
Based on the information you provided, I cannot give you a definitive answer without first reviewing the contract and facts in more detail. However, under typical "contract for deed" situations, a forfeiting buyer may not even have a right to remove the fence, and certainly does not have a right to lien your property for the costs of installation and removal of the fence. In fact, they may be in violation of Arizona lien laws and subject to statutory fines for wrongfully encumbering title to your property. One way or another, their lien needs to be removed.
I would be happy to discuss your matter with you in more detail and to determine the best course of action to clear title to your property. Please see my contact information below.