Question: We live in a rural area in west Phoenix. There is a chain-link fence on the property line between our backyard and our neighbor’s backyard. Our neighbor has built block walls on the sides of his home and now wants to enclose his backyard with a block wall replacing the chain-link fence between our backyards.
We are opposed to this block wall because the chain-link fence is in good condition, and block walls give us the feeling of being in a prison. Our neighbor said that he would pay for the cost of tearing down the chain-link fence and building the block wall. We are not familiar with Arizona real estate laws, can we object to the building of this block wall?
Answer: Yes. The chain-link fence on the property line is a common wall. Both of you are responsible for the maintenance and repair of the chain-link fence. If the chain-link fence is in good condition, neither of you has the right to tear down the chain-link fence. Therefore, if your neighbor wants to build a block wall to enclose his back yard, your neighbor will have to build the block wall inside his property line.
