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En Español

Encroachment can be a problem for Arizona property owners

| Sep 11, 2015 | Real Estate Disputes |

Arizona homeowners typically expect that they will have full use of the property they rightfully own. They will likely hope for positive relationships with their neighbors, and that neighboring properties can coexist peacefully. Unfortunately, however, some Arizona property owners may not be respectful of their neighboring property owner’s rights, and may, in some instances, encroach on another’s property. An encroachment occurs when a property owner constructs a structure that intrudes on or over another’s property. Such an action may lead the property owners to find themselves involved in a real estate dispute.

There are a number of ways to handle such a residential property dispute. First, it is imperative that a property owner be aware of the boundaries of his or her own property. If a property owner is unsure, he or she may wish to consult with an attorney or surveyor for help in determining the boundary lines.

If a neighbor is unwilling to remove an encroachment, such as a shed that is partially on another’s property, or an overhanging porch addition, a property owner may choose to sell the encroached-upon property to the encroaching property owner.

If either property owner does not wish to pursue a sale, it may be necessary to take court action to eliminate the encroachment. Generally, a party wishing to remove an encroachment needs to establish ownership of the property at issue, that the encroaching party is exhibiting an improper use of the land and that the encroaching structure needs to be removed.

Discovering an encroaching structure on a property can be upsetting for many Arizona property owners Fortunately, there are methods by which to resolve an encroachment. Legal counsel can discuss the situation with a homeowner and help further illuminate available options.

Source: FindLaw, “What Can You Do About an Encroachment?“, accessed Sept. 6, 2015

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