ARTICLES & NEWS

EASEMENT & OTHER NEIGHBOR DISPUTES ARTICLES

Survey Monument Must be Replaced

By Christopher Combs | March 2, 2013

  Question: Our neighbor in Dewey recently hired a contractor to build a block wall to replace the chain link fence between our back yards. During the construction a survey monument was removed. The block wall has now been completed but the survey monument has not been replaced. Does my neighbor or the contractor have any responsibility to replace this survey monument?   Answer: Survey monuments are placed by the county on section lines and quarter section lines of a township to confirm the boundary lines of the United States Survey. Any person who knowingly removes a survey monument has…

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Sex Offenders Don’t Need to Be Disclosed by The Seller, but Seller Cannot Lie

By Christopher Combs | December 5, 2012

   On November 27, 2012, the Arizona Court of Appeals ruled that under A.R.S. §32-2156 the seller had no obligation to disclose to the buyer that a level-one registered sex offender lived next door. The seller, however, did have an obligation to respond truthfully to any questions from the buyer, including the question from the buyer as to the reason that the seller was moving.  The seller stated that the reason for moving was to be closer to friends.    Therefore, if the buyer could prove at trial that this statement was untrue, and that the actual reason for the…

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Adverse Possession May Apply in Case

By Christopher Combs | December 1, 2012

Question: I live in the Encanto area of Phoenix. A stone fence has existed between my house and my neighbor’s house since the early 1920s when the homes in our neighborhood were built. For some reason, my neighbor recently hired a surveyor to survey his property. This survey shows that my neighbor’s property line is two feet over the stone fence onto my property. My neighbor says that he will give me a deed to this two feet if I will pay one-half of the cost of a new fence between my house and his house. I am very happy…

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Conspiring on Lot Splits to Skirt Rules is Illegal

By Christopher Combs | November 24, 2012

Question: We live in an area of Yavapai County surrounded by national forest. Most of the privately owned land in this area is at least 5-acre parcels. Last year, a rancher split his 50-acre ranch into five 10-acre parcels and was able to sell all of the parcels except one 10-acre parcel. We have been told by a local real-estate broker that the rancher has now sold this last 10-acre parcel to an investor’s LLC for a much higher price than the four other 10-acre parcels. In addition, the investor’s LLC does not have to make any mortgage payments to the…

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Threat Posed by Pit Bulls Should Have Been Noted

By Christopher Combs | October 15, 2012

Question:  At the time we purchased our Laveen home, the seller said that there were no neighborhood problems. After we moved into our home we learned that two houses down from us there are two pit bulls. A neighbor told us that these pit bulls have gotten loose several times, and on one occasion these pit bulls killed our seller’s cat and terrorized our seller’s 12-year-old son. The neighbor also said that our seller told him that the presence of these pit bulls in the neighborhood was a major factor in selling his home. We have two girls that are…

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Buyer Needs Legal Access to Property

By Christopher Combs | October 6, 2012

Question: I recently purchased from a bank 5 acres of land in the White Mountains. When I went to the county to request a building permit to build a home, my request was denied because there was no access to my 5 acres of land. I have access to my land over at least two roads that are well-maintained by the county. What can I do to get a building permit to build a home? Answer: Although you may have physical access to your 5 acres of land over those two county-maintained roads, you apparently do not have legal access.…

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New Arizona Real Estate Laws Effective in 2017

By Combs Law Group | September 29, 2017

New Arizona Real Estate Laws In the Arizona legislative session for 2017 the legislature enacted many new Arizona laws that affect real estate. Most new laws went into effect on August 9, 2017.   Tenant “Finder Fee” is Allowed Generally, any referral or finder fee relating to sale or lease of real property may only be given to real estate brokers or licensees. However, A.R.S. § 32-2176 allows an owner or a property management company to pay a finder fee to an unlicensed person who is also a tenant in another unit managed by the property management company or owned…

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