Common Law or Adverse Possession

[jetta4]

What is the name of your state? Arizona

I have owned my property for over 20 years. About 15 years ago (or more), I put up a fence on the property line (using the property line stakes put in by surveyors). Now, my neighbor, who has been there for approximately 2 years, says that my fence is on his property. Doesn't Arizona have a "Common Law" about fences that says after 7 years, whatever is on your side of the fence is yours and whatever is on his side is his? Does that mean that the survey map is no longer valid or can be challenged? What are my options?

 

[FarmerJ]

does your nieghbor have a valid survey to back up this claim ? Perhaps you need to have another survey done incase the first one is wrong, IF both surveys agree then politely tell your nieghbor you have had your survey re done and both match up and show no error. If the nieghbor doesnt like it they will have to take you to court and prove your surveys are wrong.

 

[HuAi]

Jetta, what you are referring to is called adverse posession. It is not automatic, and has to be granted by court order. To satisfy ap criteria, usage of the land has to be open, hostile (without permission), for a long time (dictated by state, not sure what it is in your state), and in some states the claimant would have to pay taxes on that land the entire time.

 

[vwood]

Does the tax requirement apply in AZ?

When it does apply, I think the tax requirement is a pretty tough hurdle. How do you prove how much of your taxes are for which parcel?