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Arizona Land Use & Zoning Questions & Answers
2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Arizona on
Q: My fiance and I are trying to assume her parents property in AZ. We live in WA and not sure how the process would work.

We dont want to go through an agent. Just wanna refinance their current mortgage to have our names on it.

Peter H. Westby
Peter H. Westby answered on May 2, 2019

You have described what amounts to a purchase of a home. A purchase contract is needed and I recommend that an escrow be opened with a local title company to handle the transfer. Then you would apply for a new loan to pay off the existing financing on this property. Your lender will also want... Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arizona on
Q: Property purchased and can't use because it is a water retention area with basin. What can i do about this?

Seller said that it is buildable but according to city theres no way to use it, it was a waste of $ seller played a fast one and i think something should be able to be done about it. Lawsuit to get $ back at least.

Peter H. Westby
Peter H. Westby answered on Sep 6, 2018

You may have an action for damages or rescission of contract due to the non-disclosure of this circumstance, but this is not something that you should handle on your own. I strongly recommend that you seek the assistance of an attorney. Once your attorney has all the facts and has researched this... Read more »

2 Answers | Asked in Bankruptcy and Land Use & Zoning for Arizona on
Q: If you file bankruptcy in arizona.. can your HOA place a lean on your property for dues that were included in your bk

I filed bankruptcy and my hoa has placed a lean on my property.

Timothy Denison
Timothy Denison answered on Jun 28, 2018

If it was placed prior to filing, yes.

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1 Answer | Asked in Real Estate Law, Energy, Oil and Gas and Land Use & Zoning for Arizona on
Q: I'm thinking of buying some land. Someone else owns the mineral rights. Can they drill on my land as much as they want?

New Mexico and Arizona Land Company v. Elkins, 137 F. Supp. 767 (D.N.M. 1956) - not sure if this says they can destroy the surface in the mining effort but it seems that's what this decision is saying. Why do they get to operate at will on the surface to take minerals/oil? Doesn't that invalidate... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Apr 19, 2017

In areas where mineral exploitation is common, the mineral owner might choose to exercise his rights to access and mine the minerals owned. The landowner is protected by state and local laws regulating the period of drilling or the depth of excavation. To evaluate a potential investment, consult a... Read more »

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