My question involves an easement in the state of: Arizona
The neighbor added a bathroom and on the first day of construction they trenched into our property. One of the construction workers told us it was a line to tap into the city water line. It turned out to be a septic line. We asked them to remove it numerous times. Both parties filed a claim with the title insurance company (we have the same company) and we were both told there wasn't an easement allowing him to do that. The Planning and Zoning and department, after seeing there is no recorded easement on our property, ordered him to stop working on our property. We cut, capped and removed the line from our property. The homeowner then had the work completed on his side of the property line. After he passed the final inspection we received a letter from an attorney citing a docket from 1946, when the land was divided, that states that the properties have a 15 foot easement for the purpose of construction and the placement of public utilities but that the homeowner has the right to refuse access, if being reasonable. We were told a personal septic line doesn't qualify as a public utility. The letter we received from his attorney states that we have interfered and obstructed his client's right to use the easement and that a quit claim deed along with $5 is attached (neither were) and that we have 20 days to respond before it goes to court, and we are responsible for all court fees. Does this sound legal? We went to both the township office and the county office and there is no recorded easement. They said there isn't even a public utility easement on record for the existing power and water lines that pass along that stretch of our property.
I don't understand what he is trying to accomplish with a quitclaim deed.
Thank you for any help.