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No right unrestricted view

No Right to Unrestricted View Over Neighbor’s Property

By Christopher Combs | November 17, 2019

Question: We have lived in the same Phoenix neighborhood for more than twenty years. Our former neighbors always trimmed their oleander bushes and we had a nice view of North Mountain. Last year they sold their home to a California buyer who does short-term rentals of the home. The oleander bushes are no longer being trimmed, and our view has been restricted by the growing oleander bushes, and we are worried that in a few years we will have no view. Can we require this California buyer to trim the oleander bushes? Answer: Probably not. A homeowner does not have the right to an unrestricted view over another homeowner’s property, unless a view easement has been executed and recorded. Furthermore, you cannot acquire a view easement by adverse possession, even if your view had been unrestricted for more than twenty years. Note: A town ordinance, or the CC&Rs of an…

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warranty deed beneficiary deed

Subsequent Deed Revokes Beneficiary Deed

By Christopher Combs | November 10, 2019

Question: My mother recently passed away. Her only significant asset is her home in Sun City West. Three years ago when her boyfriend was living with her she recorded a beneficiary deed granting the home to him. They broke up a year ago, and my sister moved into the home to help my mother. My mother then recorded a warranty deed of the home to my sister. Just before my mother died, however, she executed a will in the hospital giving the home 50/50 to me and my sister. What a mess! Who owns the home now? Answer: Your sister by herself. When your mother recorded the beneficiary deed to the boyfriend, this beneficiary deed was revoked by the subsequent warranty deed to your sister. ARS §33-405(A). Your mother’s will in the hospital granting the home 50/50 to you and your sister did not revoke the warranty deed to your…

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