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Encroachment?

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K

kfrench

Guest
Arizona

My parents have owned their property for approximately 25 years. There use to be a house behind them and the house had a fence around their back yard. My parents attached their fence to the existing (neighbors) fence to enclose their own back yard. The owner had no problem with this and it has been this way for many years. The City of Tucson bought out the whole row of houses behind them several years ago for the purpose of widening the road. The road never got widened, but eventually the houses were torn down. The shared fence was left in place. Now the city plans to use the property for some kind of settlement to a local night club owner. Yesterday, my parents received a letter telling them that their fence was on city property and they needed to remove it by the end of this month or the city would remove it for them and bill them for removing it.

My parents are on a fixed income, my Dad has alzheimers and my Mom is his caregiver and has just had back surgery herself. They cannot remove the fence or afford to pay to have it done. Isn't there a law that says if it's been this way for more than seven years they can't make them move it? Also, I was just reading that how you bought the property is how it stays?

Any help or suggestions would be greatly appreciated.
Thank you,
Kathy
 


HomeGuru

Senior Member
There are several laws that you may be searching for such as adverse possession, prescriptive easement etc. but in general these laws do not apply on government owned property. Maybe you can approach the nightclub owner, a church, volunteer group, fence company or government service for the elderly to help with the fence relocation.
 

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