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Arizona Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arizona on
Q: Can I remove a neighbor's fence if a legal survey determines it is 2 feet onto my property?

We have tried to contact him but he does not answer our phone messages. It also appears that the property in is probate.

Anthony M. Avery
Anthony M. Avery
answered on Jan 31, 2022

You probably can. But the survey is only the surveyor's expert opinion, he is not a judge. So you may get sued for trespass or property damages. You defend with your evidence of the boundary.

1 Answer | Asked in Car Accidents and Land Use & Zoning for Arizona on
Q: what happens if i park in a no-parking zone and im not with the car and the police is taking pictures of my car

i parked in the desert in a no-parking zone and i left it there at night and 4 cops were taking videos and pictures of it

Peter N. Munsing
Peter N. Munsing
answered on Jan 20, 2020

Looks like you will receive a citation. If it was a protected area could be citations on that as well. If it was an area around a military facility you may have additional charges it it was posted as a restricted area.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arizona on
Q: Do other access roads, though not in good condition, negate a prescriptive easement?

A prescriptive easement exists and a new property owner fenced the easement. Can the new property owner legally fence off the easement? Three other access roads exist, however, none of them are in good condition and are longer. Can the new owner be forced to remove the fence? And do the other... Read more »

Peter H. Westby
Peter H. Westby
answered on Jan 13, 2020

This is not a question that can be easily answered here. The answer depends upon many facts that were not included in your fact summary, including but not limited to the history of the easement that has been fenced off. I strongly recommend that you have this matter reviewed by a real estate... Read more »

1 Answer | Asked in Land Use & Zoning, Criminal Law, Civil Rights and Landlord - Tenant for Arizona on
Q: Ok so if i live at house on provate propertyand there are broke down or (parts vehicles) out of city limits

I ha e some old vehiclea on my property and i was served a notice to remove them.even if its fenced in and on private property.can they do that

Gary Kollin
Gary Kollin
answered on Sep 26, 2019

Well, can they? They did.

Was it legal?

I haven’t read the reports.

I do not know the locality and therefore I can not know which law applies.

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... 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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