Apache Junction, AZ asked in Real Estate Law for Arizona

Q: We surveyed our lot & our property line is right up against neighbors covered patio az room. I want to put up fence.

The city said i can put up a fence. We want to protect our property and have a safe place for our animals. I went to code and compliance this morning there is no reason why i can't put up a fence. do i have to allow them access on my property There is no easements on that line. The property is grandfather in that is why the patio is up to the property line. Can I have a legal letter or some other legal document drawn up that would only allow them access if they give us a sufficent notice and at our convenience? What are my options? This is a rental property and I don't want them harrassing our tennant or going to them and asking for permission to use our property.

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1 Lawyer Answer
Adam Martinez
Adam Martinez
  • Mesa, AZ
  • Licensed in Arizona

A: Generally, an owner of property may exclude another's access to the property. While not required, an owner may grant an easement or license to another to use the property and describe the terms and limitations of such use. There are some uses of property by a non-owner that if not expressly permitted or prevented may, over time, lead to a legal right to access the property. If this is a concern, you should meet with a real estate attorney to determine what can be done to address or prevent such a result.

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