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Neighbor’s construction encroaching on your property? Know your rights

On Behalf of | Sep 3, 2024 | Real Estate Transactions |

Property lines define your land, but what happens when a neighbor’s new construction crosses that boundary? Encroachment issues can catch homeowners off guard and lead to considerable stress.

Knowing your rights and options in Arizona can give you the tools to tackle these delicate situations. Quick action can lead to better outcomes, so understanding the proper steps to take is crucial when facing an encroachment problem.

Do you suspect encroachment?

If you think your neighbor’s construction might be infringing on your land, take these steps:

  • Get a professional property survey to confirm boundaries
  • Take clear photos and precise measurements of the potential encroachment
  • Talk to your neighbor calmly about your concerns

Addressing the issue promptly and professionally can lead to quicker resolutions. Remember that your neighbor may be unaware of the encroachment, so approaching the topic with patience and understanding could go a long way

Exploring your legal options

It may be possible that you cannot resolve the issue through communication. If this is the case, you have several legal options:

  • Draft an easement agreement with your neighbor
  • Offer to sell the affected portion of your property
  • Formally request the removal of the encroaching structure
  • Pursue legal action if other options fail

Each approach has its pros and cons. Consider your long-term property goals before deciding on a course of action.

Arizona state laws offer specific protections for property owners dealing with encroachments. Understanding these rights and taking appropriate steps can be a great way to address encroachment issues and safeguard your property interests. Remember that timely action may lead to the most favorable outcomes.