Use of Wall

[Lamb]

What is the name of your state? Arizona We live in a historic district of Tucson, with yards surrounded by plastered brick walls about 5' high. When our house was built in 1929, the owners of our house built our back wall 2 1/2' inside the property line so as not to build on an existing utility easement (now extinguished). The owners of the adjoining property chose not to build a wall on the other side of the easement, since our wall was already there.

Our neighbor is 1) claiming ownership of the 2 1/2' strip of land beyond our wall through adverse possession, and 2) is claiming joint ownership of the wall itself, since she has painted the wall over a number of years. I can understand her adverse possession claim, but her claim that she has joint ownership of the wall goes too far, in my view. Can I tell her that she no longer has the right to paint her side of the wall? Do I have the right to access her property occasionally to maintain the wall? I am also seriously considering raising the wall (within code) and do not want to have to seek her permission to do so.

 

[divgradcurl]

What is the name of your state? Arizona We live in a historic district of Tucson, with yards surrounded by plastered brick walls about 5' high. When our house was built in 1929, the owners of our house built our back wall 2 1/2' inside the property line so as not to build on an existing utility easement (now extinguished). The owners of the adjoining property chose not to build a wall on the other side of the easement, since our wall was already there.

Our neighbor is 1) claiming ownership of the 2 1/2' strip of land beyond our wall through adverse possession, and 2) is claiming joint ownership of the wall itself, since she has painted the wall over a number of years. I can understand her adverse possession claim, but her claim that she has joint ownership of the wall goes too far, in my view. Can I tell her that she no longer has the right to paint her side of the wall? Do I have the right to access her property occasionally to maintain the wall? I am also seriously considering raising the wall (within code) and do not want to have to seek her permission to do so.

You might want to sit down and talk with a local attorney. She can claim "adverse possession" all she wants, but it doesn't mean anything until a court rules on it. What you might want to consider is either (a) sending her a letter, certified with a return receipt, granting her permission to use the property and paint her side of the wall, or (b) simply start maintaining the other side of your wall, and the grass or whatever there, up to your original property line. Either way, she will either have to file a suit to quiet title to the strip of land, or give up any rights to it. Until a court grants her title to the land, it's still your land.

But again, you might want to discuss this with a local attorney. She may very well have a claim to the property, and may even have a claim to the fence -- but she needs to legally claim it, or lose it.

 

[kenny j]

Two key issues in prevailing in an adverse possession claim are:

1. Did the state mandated time period elapse?, and
2. Did the person making the claim pay property taxes on the piece of land being claimed?

See this link for more info:

http://www.goapply.com/tools/mortgagenewsindividual.aspx?articleid=53546

As for the joint custody of the wall, if it has been attached to (i.e., the other party has enclosed their property by using the wall), then it does become a boundary wall which both parties have an interest in. They can be made to pay you for half the cost of the wall, and each party is responsible for half the cost of maintenance (state laws vary).

See this link for more info:

http://www.lectlaw.com/files/lat05.htm

Good luck, Ken