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Possible Property Disputes in Arizona

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Arizona is no longer the land of the wild, wild west. According to the Arizona Republic, more than 80,000 people move into Arizona each year, that's 223 each day. Many seek our wonderful climate and one of the most popular assets: land to build new homes. Unfortunately, property disputes often arise after folks purchase property and new landowners often need help navigating the property disputes that can arise.

Here are 4 Property Disputes That May Arise:


When closing day arrives and has been completed, new homeowners are excited about making their new home their own, and obviously do not expect to encounter property disputes. Instead, the new homeowner anticipates being able to stretch out and use their entire property the way they want. Sadly, some Arizona property owners are horrified to learn their neighbors have become accustomed to taking liberties with adjoining or neighboring property that now happens to be yours. For example, there are times a neighbor erects a structure that intrudes on or over the neighboring property owner's land. This is called encroachment and it can lead to a legal property dispute.

If a neighbor refuses to remove the structure in question, one option is for the encroached-upon neighbor to attempt to sell that portion of the property to the other neighbor. If an agreement cannot be reached, a residential property dispute is next. Imagine the hassle of a new homeowner when he or she discovers he or she now has a situation to resolve instead of settling in to their new home. Reaching for help right away from an attorney accustomed to negotiating or arguing in court for the homeowner can help save time and money, not to mention frustration.

Tree Damage Disputes

Many Arizona homeowners spend considerable time, effort and money investing in trees and landscaping in their yards. Occasionally, there are others living nearby who do not value the trees that grow in a neighboring yard. If you have a neighbor that has taken liberties with the trees bordering your yard, destroying them, you can recover the damages of what it will cost to replace the tree, or what you paid for the tree and to have it installed.

A real estate attorney with experience in real estate law is invaluable in determining the best course of action regarding this kind of problem. Trees can run into the hundreds or thousands of dollars depending on the variety and age of a tree, and a lawyer can help you solve this issue to restore your property to its original green beauty.

Zoning and Land Use

Even though landowners spend hundreds of thousands on purchasing homes, property owners are not always able to make changes or improvements to their property, or to use it in whatever way they want. Familiarizing oneself with the zoning and land use restrictions can save lots of aggravation and money.

Each community or municipality restricts the way you can use your property with ordinances and zoning laws designed to maintain peace, esthetics, and safety in a community. These laws govern items such as how high you can erect a fence, what kinds of animals you may keep and what types of vehicles may park on the street in your neighborhood. When you have a project you wish to begin that does not meet these and other ordinance requirements, you can apply for a variance or permission to make the proposed change. Not all variances are approved and if you wish to increase your chances of an approval, you must take care to make your case by outlining ways you plan to mitigate the impact on the community in your plans.

Fighting Property Disputes

Because this area of the law can be complicated with specific rules, often only experienced professionals can understand and sort them out. If you find yourself in this situation, it is wise to gain counsel from an attorney who is well-versed in navigating real estate laws and the processes for gaining various approvals.

Owning a home is a significant component of the American dream. For some, this dream can quickly devolve into a nightmare with a property dispute. The best course of action if you are facing any of these landowner challenges, the expense of dealing with them can add up quickly for the property owner who is not fully aware of the laws and the processes. Contact us today to learn how our firm can help you strategize your best move before you find yourself in the midst of a potentially ugly, expensive lawsuit. Contact us today.

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Tucson, AZ 85711

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