questions & answers

Question: My parents bought a 1.94 acre property in 2002, when it got survived and property got measured & flagged the next door neighbor moved the flags & stold 8 feet from the side of the property. They have tried talking to the neighbors but they said that they had a verbal agreements with the neighbor before them to borrow that extra piece of land so they are not going to give it up, since then my parents have paid 2 more times to get it surveyed & they keep moving the flags. Can they sue them for the tax and use of the property as well as the extra surveys for all the 13 years they have paid?

Answer: To be valid in Arizona, and most states, agreements affecting real property must be in writing. [A.R.S. 44-101 (6)] There are limited exceptions to this rule, for example, when the non-owner openly uses the property in question, for a continuous number of years, without the objection of the property owner. A Court can establish the property’s ownership. At that time, or in a separate action, the rightful owner could be awarded damages, for example, for costs incurred because of the “trespassory” use of their property by neighbor. Without knowing the exact terms of the alleged “free borrowed use” agreement, it should be noted that this is not a generally a recognized real property exception to the law requiring a writing. To find out how the law applies to your specific situation, you may want to consult with an attorney directly.