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I am not sure whether to file a civil suit or small claims related to a real estate issue in Maricopa County, AZ.

Phoenix, AZ |

Neighbor has put a fence up in the ingress/egress, easement and, on 29' of the south end of my property. I had a border survey done and sent a Cease & Desist demand letter askin them to state what remedial action they would take, and gave them 30 days to respond, which has expired. I am also maintaining that they re-routed a wash (prior to my purchasing my bank-owned property) which encroaches into the easement. The wash has eroded and gave way under my truck one day causing damage (about two years ago).
I want the court to direct them to move the fence, repair the wash and, pay me for all costs and damages associated with this issue.
I have contacted every government authority possible without results or cooperation, they all refer to another department or, sate that it is a civil matt

Attorney Answers 2

Posted

Good afternoon. Indeed, I agree with my colleague above. The cease and desist memo, was it drafted by an attorney? Does the opposing party know the lengths to which you may be willing-to-go?

Also, this is a civil matter, so I agree with the authorities who have told you likewise. Issues with easements, and property disputes can be very prickly.

Give me a call for a no cost, no obligations consultation.

Good luck!

Scott A. Mac Leod is licensed to practice law in Arizona. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.

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Asker

Posted

Scott, it was a boiler-plate letter drafted by a law firm. The stated extent of remediation was "If your activities persist, I will immediately seek legal avenues to remedy the situation without further notice.", related to moving their fence. I did not mention anything about seeking damages. Thank you!

Posted

This is a civil suit in the nature of a quiet title action. I am not sure whether you are entitled to damages from rerouting the wash, as there are several factual issues to be evaluated. This is definitely not something you want to do with counsel. It is very technical. Good luck.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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Asker

Posted

Thank you Celia. So, you're advising against using an attorney? Interesting.

Celia R Reed

Celia R Reed

Posted

Oops! That was a typo. I meant to write 'without counsel.' Thank you for bring that toy attention.

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