Property Disputes in Arizona
Property disputes in Arizona are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear. Find out what you can do if you have a property dispute in Arizona. Discover the legal remedies and actions that can help you clear up a misunderstanding or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Arizona property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
Under Arizona law, anyone with a claim to real property can file a Quiet Title lawsuit in the Arizona Superior Court. The Court will determine who has an actual interest in the disputed real property.
Common Types of Arizona Property Disputes
Often, the result of a property dispute in Arizona is the plaintiff will receive compensation to cover their losses. The most common property disputes include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Arizona where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Arizona Property Disputes
Arizona does not have a specific criminal statute for intentional damage to trees. However, Arizona statutes regarding general criminal damage of property may apply. For example, it is illegal to recklessly deface or damage property of another person. The perpetrator of such an act is committing either a misdemeanor or a felony, depending on the damage value.
According to the Arizona Farm Bureau, Arizona recently enacted legislation to strengthen Arizona’s Right to Farm law. Specifically, Senate Bill 1448 focuses on preventing unwarranted nuisance lawsuits against well-managed agricultural operations. For example, the Court can now award attorney’s fees and costs in favor of the agricultural operation if the case was brought in bad faith.
Legal Process for Boundary Disputes in Arizona
Has someone brought a property dispute against you in Arizona, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Arizona property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
Arizona statute outlines all the criteria for a lawful fence. For example, a lawful fence is constructed and maintained with substantial posts firmly placed in the ground at intervals of not more than thirty feet. Additionally, an Arizona landowner is not entitled to recover for damage resulting from the trespass of animals unless the land is enclosed within a lawful fence. However, this law does not apply to occupants of land in no-fence districts.
Try to Find a Solution with Your Neighbor
Dispute litigation in can be expensive and time-consuming, making it worthwhile to explore resolution options with your neighbor first. Reaching an agreement outside of court can save both time and money.
Start by communicating directly with your neighbor. You might try sending a letter or email, making a phone call, or visiting their home if it’s safe to do so.
If these efforts fail and it’s clear you and your neighbor remain at an impasse, it may be time to consider taking legal action to resolve the dispute.
Send a Demand Letter
At this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
This letter will be from your Arizona attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Go to Court or Reach a Settlement
Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will look closely at the evidence presented and determine who owns the Arizona property in question. If you can’t reach an agreement, then the court will make a final decision based on the evidence you both submit. The court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it is always in your best interest to settle.
Work With an Experienced Local Property Dispute Lawyer in Arizona
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Arizona property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Arizona state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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