Reclaiming a property boundary

Asked by Jason Mcneal, Scottsdale, AZ Tue Jan 15, 2013

I own a house in which the previous owner constructed a fence that was 3 feet less than the actual property boundary. How do I go about reclaiming that additional 3 feet? Can I just remove the existing fence and build a new one on the property boundary or are there legal / zoning hoops to jump through? It's in an older area of Scottsdale - no HOA. Thanks!

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Johnnie Ross…, Agent, Logan, UT
Tue Jan 15, 2013
Did you have a survey done, or are there at least corner markers? How do you know it is 3 feet less? I would work with the person that is on the other side of the fence, the previouse owners may have had a reason the fence what put where it was. Neighbors know a lot, if you just talk to them. If it is your property there shouldn't be any issue moving the fence. I my town you have to pay $50 and get a fence permit to build or move a fence. They come to the property and make sure you are on the property line to avoid issues like this in the future. You'll have to check with your city and see what they require. Good Luck.
1 vote
Jeff and Jane…, Agent, Scottsdale, AZ
Sat Mar 2, 2013
If you have had a survey done and the corner markers are installed it is relatively easy to see if the fence is on your property. A survey is not that expensive. Once you have proof the easiest and least expensive solution is to go to your neighbor and ask them to either move the fence off your property or offer to sell them that land. A title company can help you with that effort and you will want them to record the transaction.

Failing an agreement with the neighbor your recourse is to go to your repective city and ask if they can help. Some cities have clear laws in place that handle these issues and other do not.

If either of those two options do not give you the results that your looking for then you will have to seek legal help, however, your most important homework has been completed for your counsil to act on. Good luck to you.

Jeff Daley, PhD
Licensed REALTOR® State of Arizona
0 votes
Ryan Buckley…, Agent, Fountain Hills, AZ
Sun Feb 10, 2013
I would definitly contact a Real Estate attorney, If you need I can reccomend one to you.

Ryan Buckley Realtor®
Turning your Dream into an Address
Coldwell Banker Residential Brokerage
twitter @rcoldwellbanker
0 votes
N Mark Kramo…, Agent, Phoenix, AZ
Tue Jan 15, 2013
This requires a knowledge of the law not available to real estate agents. However, I am both an active broker and real estate attorney.

As I understand it, the fence was built inside his property line. You want to claim those 3 feet.

You have to do something first, if you haven’t already done it. Then, there is a easy way and a hard way to attempt to do this - you won’t control which option is available, and legal representation will be a must. The first step, and whichever second step is available, will all involve a significant expenditure of your time and money (the hard way can be very expensive). So there is no quick and easy way.

This situation causes an ongoing legal issue. When you decide to sell your home, it will require that you do certain things. I can tell you what those legal ramifications are at that time.
0 votes
Jennie Miller…, Agent, Phoenix, AZ
Tue Jan 15, 2013
You will want to contact the city regarding the zoning question, the neighbor, and/or an attorney.
0 votes
Gene Montemo…, Agent, Scottsdale, AZ
Tue Jan 15, 2013
Hi Jason, what major intersection are you closest to? I have some ideas. email


Gene Montemore
0 votes
Thanks Jason, I just sent you a message through your profile page. Good luck!
Flag Tue Jan 15, 2013
near indian school and 68th street - community is called southwest village (near valley ho).
Flag Tue Jan 15, 2013
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