Encroaching Storage Shed Should Not Have to Be Torn Down

Question: After we purchased our home in Litchfield Park last summer, we built a large and expensive storage shed in our backyard. We recently received a letter from the owner of the neighboring lot that, in preparation for the building of his new home, a survey has shown that our storage shed encroaches one foot into his backyard. The owner of this neighboring lot is now demanding that we tear down our storage shed. Will we have to tear down our storage shed?

Answer: The test is one of reasonableness. For example, if a survey shows that a 30-story Phoenix office building encroaches six inches onto a neighboring lot, a court will award only money damages to the owner of the neighboring lot for the loss of six-inches of land. Therefore, you may only have to pay money damages to the owner of the neighboring lot for the one-foot encroachment by your storage shed.