Legal Question in Real Estate Law in Arizona

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?


Asked on 5/25/00, 11:01 am

1 Answer from Attorneys
Keith Knochel Law Offices of Keith Knochel

Re: Adverse Possession

You can either get damages or an injunction ordering the fence to be removed. There are also adverse possession issues. Please call 1-800-677-1010 for a telephonic appointment which costs $60.00 and we'll see if we can assist you to resolve the matter. Keith Knochel.

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Answered on 7/06/00, 9:17 am


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