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RECENT ARTICLES

Noisy Garbage Trucks Won’t Affect Listing Price

By Christopher Combs | May 24, 2019

Question: In a recent column you said that Paradise Valley homeowners living on a cul-de-sac may have to disclose noisy garbage trucks that came by their home more than four times a week. You said that these homeowners may have a claim for damages against the seller for not disclosing the noisy garbage trucks. We have listed for sale our Paradise Valley home which is also on a cul-de-sac with noisy garbage trucks. Do we now have to reduce the list price of our home if we have to disclose these noisy garbage trucks? Answer: No. You have the right to list your home for any price, even though the sale price may be affected by the disclosure of noisy garbage trucks on your cul-de-sac more than four times a week. Note: Some readers of this column were not happy that a seller may have to disclose noisy garbage trucks.…

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Landmark Ruling by Arizona Court of Appeals on Access Easements

By Christopher Combs | May 21, 2019

On May 7, our clients Bogdan and Jolanta Dabrowski (“Dabrowskis”) won a major victory at the Court of Appeals! Their landlocked neighbor has to pay compensation to Dabrowskis for an easement, and Dabrowskis get to choose the route over their property! A. Facts The Dabrowskis are Chicago residents who purchased after a foreclosure a second home in Cave Creek on a five-acre lot (“Lot A”). At that time the Dabrowskis’ neighbor David Bartlett (“Bartlett”) owned a vacant five-acre lot (“Lot B”). Bartlett later wanted to build a new home on Lot B. The location and size of the building envelope for the new home on Lot B would be limited by the amount of disturbance of the natural desert by any road to the new home. Bartlett had originally owned all ten acres comprised of both the five-acre Lot A and the five-acre Lot B. Bartlett sold Lot A to…

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