Property ownership in Arizona comes with a host of responsibilities—and sometimes, unexpected challenges like boundary disputes. These disputes are one of the most common and frustrating issues that property owners face. Whether you’re a homeowner or owner of a commercial building, understanding your rights under Arizona law is essential when property lines are called into question. Having an experienced real estate attorney in Arizona at Provident Law® can help you navigate the complexities of a boundary dispute.
What is a boundary dispute?
A boundary dispute occurs when two property owners disagree about the location of a property line that they share. These disputes can arise from:
- Inaccurate surveys or outdated property records
- Encroachments built on another’s land, like fences, driveways, or buildings
- Conflicting or misleading legal descriptions in deeds
- Misunderstandings between neighbors
- Title defects that obscure legal ownership of property
Whether residential or commercial, boundary disputes can affect property value, access, and ownership rights.
What is boundary by acquiescence?
Boundary by acquiescence is a legal doctrine that allows a boundary between two neighboring properties to become the legal property line after a long period of the property owners accepting it as such. Under this doctrine, the property line that both parties have recognized – usually for ten years or more – becomes the legal property line, even if a later survey or evidence shows that it is not the legal property line.
What is adverse possession?
Adverse possession is a variation on a boundary dispute. The legal doctrine of adverse possession permits an individual to obtain legal ownership of land if they have openly, continuously, and exclusively occupied it for a period of at least ten years. The individual also must have occupied the property without the legal owner’s permission.
Why are boundary disputes so difficult to resolve?
Boundary disputes often involve complex legal and factual issues. Arizona law includes specific statutes and case law that govern property rights, easements, and adverse possession. Without legal guidance, you may risk losing a portion of your property or face costly litigation.
What are my options for resolving a boundary dispute under Arizona law?
You may have several options for resolving boundary disputes, depending on the circumstances. You may be able to negotiate a mutually agreeable settlement with the other party to your boundary dispute. You can engage in informal negotiation or participate in alternative dispute resolution, such as mediation or settlement. If you cannot reach an acceptable resolution, you may need to file a lawsuit in court to establish property ownership and resolve boundary disputes.
Can Provident Law® help with my boundary dispute?
Yes. At Provident Law®, our experienced Arizona real estate attorneys can:
- Review your property surveys and legal documents
- Negotiate with neighboring property owners
- Represent you in court if necessary
- Help you understand your rights and options
We have decades of combined experience in real estate law and are committed to protecting your property and peace of mind.
Contact Us for Assistance with Your Real Estate Transaction Today
Even the most seemingly simple property issues can become unexpectedly complex. At Provident Law®, we understand the emotional and financial toll that boundary disputes can take. Our real estate attorneys have decades of combined experience representing clients in real estate matters across Arizona.
We’re committed to building long-term relationships with our clients and helping them navigate even the most challenging legal terrain. Whether you’re facing a boundary dispute, purchase agreement dispute, or any other real estate issue, we’re here to help.
Call us today at (480) 388-3343 or reach out online to schedule a consultation. Let’s work together to protect your property and peace of mind.