ARTICLES & NEWS

EASEMENT & OTHER NEIGHBOR DISPUTES ARTICLES

Short-Term Rental Would Not Be ‘Grandfathered’

By Christopher Combs | December 26, 2021

Question: We have owned our Gilbert home for 30 years. In the last 2 years we have been the unfortunate neighbors of a short-term rental home. This short-term rental home has been a nightmare with parties every night, police being called, etc. If our community amends our CC&Rs to prohibit short-term rentals, is the neighboring short-term rental home “grandfathered” or will the short-term rentals have to stop? If the short-term rental home is not stopped, we want to sell our home. Will we have to disclose this short-term rental home? Answer: First, if the CC&Rs are amended to prohibit short-term…

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easement

Easement Limited To Reasonable Use

By Christopher Combs | March 28, 2021

Question: We own a large home adjacent to a county highway in Pinal County. Our neighbor owns a 5-acre lot which is “landlocked” except for an easement over our land to the county highway. Our neighbor has now purchased 20 acres of land adjacent to his 5-acre lot, and wants to build a 40-home subdivision on the total of 25 acres of land. We are concerned that, instead of one neighbor driving to the county highway over our land, we will now have 40 homeowners and their friends driving over our land. Is our neighbor entitled to expand his use…

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Property fence

Encroachment On Neighbor’s Land

By Christopher Combs | January 17, 2021

Question: We have owned a home in Cave Creek since 2014. The owner of the lot to the west is building a home on his lot. This owner hired a surveyor, and the survey showed that our west wall is not on the boundary line, but is located three feet away from the boundary line on our neighbor’s side. We do not want to pay for the cost to move our west wall to the boundary line, and we have agreed to sign a quit claim deed to our neighbor for this three-foot strip of land. We now believe that…

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Pool Deck

CC&Rs Must Be Followed Regarding Neighbor’s Pool Deck

By Christopher Combs | January 3, 2021

Question: We have owned a home in Chandler for over eight years. Our neighbor recently built a large wooden pool deck next to his swimming pool only five feet from our property line. We were in Colorado for most of the summer while this pool deck was being built. Our neighbors and their guests can now stand on this pool deck and look directly into our backyard. We never had any notice from the HOA or from the neighbor about the construction of this pool deck. Although we recently planted large ficus trees on our property line, this pool deck…

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Access Road

Five-Acre Lot Cannot be Landlocked

By Christopher Combs | December 20, 2020

Question: We own a home on a five-acre lot in Coconino County. A California buyer has just purchased the five-acre lot to the east of us, and plans to build a large home. The California buyer is landlocked, however, and needs access over our property to get to the main road. Do we have to give the California buyer access to the main road? If so, can we get compensation from the California buyer for this access? Answer: The California buyer cannot be landlocked. This principle of law goes back to medieval England when the King wanted to be able…

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small pool

Mediation and Arbitration, Not Litigation, Can Settle Many Disputes

By Christopher Combs | October 18, 2020

Question: At the time that we purchased our new Gilbert home six months ago, our landscaping plan provided for a swimming pool in the backyard. We now have the money to build the swimming pool. Due to an incorrect survey by our homebuilder, however, the boundary wall between our home and our neighbor’s home is in the wrong location. The boundary wall now has to be moved ten feet further into our backyard, and we can now only build a “large bathtub” in our backyard. Our homebuilder has refused to take any responsibility for the loss in value to our…

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Crazy Drivers

Can CC&Rs Be Enforced To Prevent “Crazy” Driving In Neighborhood?

By Christopher Combs | September 13, 2020

Question: We own a home in a small community of twelve homes in Camp Verde. Although we have CC&Rs, there is no HOA. One of the homes is owned by a Phoenix resident who on weekends comes up with his two sons, and they drive their trucks and motorcycles like crazy in our community. We have tried to talk reasonably with this homeowner, but he either gets angry or ignores us. Can we fine this homeowner? If not, how can we stop the uproar every weekend? If we have to hire an attorney, can this homeowner be required to reimburse…

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tree roots

Damage to Sewer Line from Neighbor’s Tree

By Christopher Combs | July 19, 2020

Question: We live in Ahwatukee. Our neighbor has a large ficus tree whose roots have grown into our sewer line, and have cost us $6,000 for repairs. Can we require our neighbor to reimburse us $6,000 for the cost to repair the damage to our sewer line? Can we cut the roots of the ficus tree that trespass on our property? Answer: First, your neighbor should be required to reimburse you for the $6,000 cost to repair your sewer line. Second, you are entitled to cut the roots of the ficus tree that trespass on your property. Under Arizona law,…

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