How Can I Prevent My Neighbor From Encroaching On My Property?

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Hello, I purchased a lot in Phoenix Arizona two months ago, and just had a survey done. The neighbors on one side have built two small buildings that cross onto my property by 12 feet. They take up a total of 900 square feet of my property. I spoke to them and they do not want to move anything saying that is how the property was when they bought it 28 years ago. I am building a new home on the lot and want that part back. What do I need to do?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Start by hiring a lawyer. If you need the area back right now, you may be in for a long fight over whether the neighbors need to remove the buildings. If you don’t need the area back right now, you may be able to negotiate with the neighbors not to rebuild when the buildings wear out, and you’ll want that agreement to be solid and enforceable. Either way, a lawyer can help you make an informed decision how to proceed.



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Author: House Attorney