Property line disputes can be particularly difficult and tedious to resolve. You want to pursue resolution in your favor if you believe there is a legitimate discrepancy, but you don’t want to get into a heated conflict with your neighbors. Pursuing a court case against your neighbor can damage the relationship beyond repair and make for an uncomfortable situation going forward.
Gather Necessary Evidence of Accurate Boundary Lines
The first step to determining the accurate boundary lines and handling a property boundary dispute in Arizona is to gather all the necessary information. Start with a thorough review of your property deed. It should spell out the legal description of your property. If the legal description clearly supports your claim, then it might be something you are able to work out amicably, without the need of resorting to the legal process. You might be able to bring the legal description of the property boundary to the attention of your neighbor and sort out the issue with the facts from both of your property deeds.
You want to be clear about what you hope to accomplish. Is your goal to have a fence or driveway moved? Are you open to selling the necessary part of land to your neighbor if it would require significant work or money to correct the property boundary? Taking the time to figure out your desired solution before discussing it with your neighbor can help keep the discussion civil and focused.
Pursuing a Legal Claim for Property Boundary Disputes in Arizona
If the discussion of the legal description of your property boundary with your neighbor does not resolve the issue, you will want to find an experienced real estate attorney as your next step. Our firm can review the evidence to see if you are interpreting the legal description correctly and continue with possible settlement discussion. Most people do not wish to be involved in a court case and the possibility of legal action might get your neighbor to reconsider the matter with a more reasonable mindset.
It is almost always best to resolve the matter without litigation. However, resort to the legal process might be a necessary step. This process will start with a quiet title claim that will ask a court to resolve the dispute. You should not consider this your first option, though. There are appropriate steps to take to make sure the evidence supports your claim, settlement options have been exhausted, and your claim is eligible for recovery of attorney’s fees. There are even cases where it is appropriate to pursue a trespass claim and seek damages. Typically, it will cost more to correct the property boundary than it will for your neighbor to simply purchase the disputed land. Our firm can help you arrive at a fair and equitable dollar amount for those types transactions.
At MacQueen & Gottlieb, we have significant experience with various types of property boundary disputes in Arizona. Our firm can help you collect all the necessary evidence, review it for accuracy, propose a fair settlement, and pursue legal action if necessary. If you are involved in a property boundary dispute, contact us today at (602) 533-2840 to schedule an initial consultation or make an appointment online.