Quiet Title Action – 12-1103 Letter
Question: We bought a new home in a Chandler subdivision seven years ago. There always has been a fence between our home and our neighbors home. We recently ordered a survey in order to build a swimming pool in our backyard. The survey showed that the fence is not on the property line but encroaches 4 feet onto our property. In this 4 foot encroachment, our neighbor has built landscaping, including a putting green. Have we lost this 4 feet?
Answer: Probably not. If the fence has been in the wrong location for only seven years, you still own the 4 feet. The reason is that the statutory time period for adverse possession is 10 years. You should request that your neighbor sign a quitclaim deed for the entire legal description of your property that includes the 4 feet. The deed you got when you bought your home should have that legal description. If your neighbor will not sign this quitclaim deed, you should contact an attorney who will write a letter under Arizona Revised Statutes, Section 12-1103, to your neighbor to demand the signing of the quitclaim deed. If your neighbor still will not sign, your attorney will file a lawsuit and get a court order granting title to the 4 feet in your name, plus an award to you of your attorney’s fees and court costs.