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Property Line Dispute

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Can my neighbor build a wall that cuts off my ingress and egress?

Land disputes are constant and some of the most contentious in the legal field. Since "good fences make good neighbors" was written, people have forgotten that the fence was actually on the property line not where ever they wanted to put it.

IT is not uncommon for there to be encroachment by one neighbor on another property. IT can and usually is by accident. But if it is allowed to remain for ten years and you take no legal action, the encroached upon land is now the neighbors under adverse possession. It is no longer yours. That can have extreme consequences.

It is also not uncommon for a person who owns vacant land to discovery that his legal access, often called an easement has been blocked. Failure to take action within ten years could result in the loss of access and make your property of little or no value.

So when a dispute arises, you need to seek legal advice how to proceed. There is a process whereby you tender a Quit Claim deed and money to require the other person to acknowledge your legal right. But if the offender refuses, you must bring an action to get the Court to rule.

Equally as important, if they sign the Quit Claim Deed and you allow another ten years to lapse before taking action, you may have again lost the property.

So if there is a property dispute, retain a lawyer to help you sort out the problem. A hand shake is no longer good in court.

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West, Longenbaugh and Zickerman P.L.L.C.
310 S. Williams Blvd
Suite 250
Tucson, AZ 85711

Phone: 520-518-3781
Fax: 520-748-0852
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