Property line disputes can be tricky. For starters, most people want to get along with their neighbors. You see each other on a regular basis and generally want a sense of community. If an issue arises with an adjacent property to your home, it can present a difficult situation where you want to resolve the matter without it turning into a fight with your next-door neighbor. From a legal perspective, it is important to confront any Arizona boundary disputes that are related to your property line as soon as possible.
Here are some tips on how to approach and resolve property line disputes in Arizona without turning your neighbors into adversaries.
Gathering All Necessary Evidence
With any potential legal matter involving your property line, the best course of action is making sure you have clearly established accurate boundary lines on your property and any neighboring properties in question. A careful review of your property deed should give you all the information on your own property lines.
If you are not able to clearly establish the boundary lines of your property, a professional boundary survey might be required. This service takes the property lines from your deed and actually paints them on the ground for complete clarity.
Once you’ve definitively established your own property lines, the next set of evidence required is any potential issues you believe are caused by a neighboring property. This can range from tree issues to structures like a fence that is encroaching on your property line to more serious issues that require a review of potential adverse possession laws.
Tree Damage Laws in Arizona
One of the most common property line issues is when a neighbor’s tree has grown over your property line. You are allowed to trim any parts of the tree that have grown over your property line. While you do not technically need to request permission to trim the parts over the property line, it is advisable to discuss your plans with your neighbor. Most reasonable people should understand the matter needs to be resolved and you have the right to trim parts of the tree that have grown over your property line.
The matter can become more complicated if your neighbor has damaged trees or plants on your property without permission. If a neighboring property has trees that are damaged or at risk of falling on your property, then you should notify the neighbor immediately. Property owners have a responsibility to make sure trees on their property are safe and remove those at risk of damaging neighboring properties. If trees or plants have become a nuisance to the enjoyment of your property, your neighbor can also be forced to remove them.
Most of these types of disputes over boundary lines can be resolved with a direct conversation with the neighbor. If they are unwilling or unable to remove trees or plants that pose a risk to your property or create an issue on your property, then you will want to consult an experienced real estate attorney to assess the appropriate response. Courts can issue a removal order that will force the neighbor to take action.
Fencing & Other Property Line Disputes in Arizona
Arizona does not have specific statutes related to fences, but many municipalities do have rules and regulations for fencing and shared walls. A few of the common issues that can arise are covering the cost of damage to a shared wall or resolving a dispute when one property wants to add or make changes to a fence or wall that will be shared with an adjacent property.
If your city or town laws do not clearly define these matters, it is advisable to consult with a real estate attorney with significant experience in your area. You are far more likely to obtain a favorable result if you make sure you have addressed all the pertinent legal issues before attempting to reach a resolution with a neighbor.
From disputes over fencing to more serious attempts to build on or occupy your property, any property line disputes that cannot be resolved with a direct negotiation with the neighbor(s) in question will likely require a quiet title claim that asks the court to resolve the matter.
There are many factors that need to be considered before pursuing that option though. It is important to review all evidence and options before filing a claim in court. The attorneys at M&G Law can help you assess the necessary steps to resolve the matter and pursue a quiet title claim in court if necessary.
Work with an Experienced Arizona Real Estate Law Firm
M&G Law has become the leading real estate law firm in Arizona because we exhaust every option available to our clients to get a favorable resolution to any property disputes. Our attorneys can assist with a complete review of any property line dispute and assess all the options available.
If a matter cannot be handled with a conversation or direct agreement with your neighbor, then you should not let it persist or escalate to a confrontation. Contact M&G Law today at 602-726-2229 to schedule an initial consultation or make an appointment online to review your property line dispute.