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neighbor built wall over property line

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mr.prick

Junior Member
What is the name of your state? AZ
back in november my neighbor knowingly built a wall over the property line.
i asked him to take it down a few times and it is still up.
do i risk losing some of my property just because he did this?
there is a road between us (my property) that is an easement.
i had a thread here
https://forum.freeadvice.com/showthread.php?t=383474&highlight=neighbor+encroachment
but as you can see i didn`t get an answer and it got locked.:(
i don`t have the money for a lawsuit especially if the law favors thiefs.
he didn`t pay any of my mortgage or taxes on my property, but from what i have seen
it is possible for someone to seize land in this way.
he is not a resident so he is not around much so i have limited contact with him,
but i have said something to him the few time i have seen him since this wall has gone up.
can i just remove the potion of the wall that is over the property line or
must i go through the "system".
i have a chart which shows my property boundaries and
there are stakes in the ground from previous surveys.
thanks.What is the name of your state?
 


FarmerJ

Senior Member
Go to your nearest lumber yard and buy a long grounding rod that is used for grounding electrical system, cut into lengths and drive into the ground or lay flat and bury so you have markers that can be found easy with metal detectors. AS far as the encroachment since your survey stakes are still there its a tough call as to doing a new survey or not. BUT you can still send your neighbor a registered return reciept letter stating the wall he put up is over the property line and you want it moved off of your land as well as any debris or other material he placed there. Set a time line that is reasonable. If the nieghbor ignores the letter then perhaps you still should atleast arrange for a consultation from a real estate atty who can advise you about removing the wall and suing the nieghbor for the cost, OR perhaps send the nieghbor a letter for you informing the nieghbor that the the wall is now your property since its on your land for you to do with as you wish and that you will still be maintaining your property that is on the opposite side of the wall up to the lot line. A real estate atty can tell you if this should be enough to stop any claim the nieghbor might make against your property. ( see that way it would be addressed and as long as you keep your copy of letters in safe place like bank box if needed later on then you can offer up a copy of your letter and reciepts and that should be enough to end any future problem)
 

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