Property Line dispute

[jtarabor]

I'm a homeowner in the Phx AZ metro area, and my neighbor and I disagree on where our property line is.

Based on the original map from the City of Phx, it appears to be right at the middle of our common wall. (ie 8in thickness, 4in on each side)

My sidewalk from my driveway to my back gate runs between our properties and extends up to the edge of the wall on my side.
His gravel has been extended up to my sidewalk (as per verbal agreement from
the previous owner).

Does the fact that this gravel has been there for several years, constitue Adverse Possession?, and that the edge of my sidewalk is now the property line.?

 

[justalayman]

especially given it was by permission, there is no adverse possession and as such, no claim for adverse possession or even a prescriptive easement. Feel free to remove the stone if you desire.

One word of caution: there is no substitute for a survey. Without one, you cannot actually make an accurate claim as to where the property line is.

 

[jtarabor]

especially given it was by permission, there is no adverse possession and as such, no claim for adverse possession or even a prescriptive easement. Feel free to remove the stone if you desire.

One word of caution: there is no substitute for a survey. Without one, you cannot actually make an accurate claim as to where the property line is.

Thanks for the response, would you agree that the center of the wall is normally the propertly line? Trying to avoid the cost of a survey, and not sure if a surveyor would want to....
thx

 

[justalayman]

I would hope the wall would be on the property line but without a survey, there is no way to know for sure. I have seen buildings placed inaccurately so it would not be a surprise to find the property line is to one side or the other of the wall.

If there is a disagreement, the only way to determine where the line is would be with a survey.

 

[Free_Advice]

If you are talking 1 foot swatch on a 44,000 sq ft land then the OP may be nit picking even though he may be right.

Someone saw the stuff being put on the properties & said nothing at the time.

My neighbor put some trees on our property line area; I did not want trees but did not feel it was an issue big enough to cause neighborly issues...never even mentioned it.

 

[154NH773]

If you are talking 1 foot swatch on a 44,000 sq ft land then the OP may be nit picking even though he may be right.

I respectfully disagree. Justalayman is correct that a survey is the only way to know for sure where the wall sits.

YOU SHOULD ALWAYS KNOW WHERE YOUR PROPERTY BOUNDS ARE. (Sorry for shouting, but accurate data prevents all kinds of problems).