Arizona Law For Established Fence Line

[jointtenancy]

My fence has stood for over 35 years. A new neighbor claims my fence sits 1 foot onto his property and is determined to tear it down and build a block wall fence. It is my understanding that in Arizona if a fence stands undisputed for 4 years, then that becomes the legal property line. Is this true? How do I stop this guy?

[Mr. Knowitall]

The statutory period is ten years.

Although Arizona has acknowledged the doctrine of boundary by acquiescence, it has not clearly defined the elements. Hein v. Nutt, 66 Ariz. 107, 114, 184 P.2d 656, 661 (1947). We therefore look to other jurisdictions. Generally, to establish the doctrine of boundary by acquiescence, the party asserting the doctrine must prove (1) occupation or possession of property up to a clearly defined line, (2) mutual acquiescence by the adjoining landowners in that line as the dividing line between their properties, and (3) continued acquiescence for a long period of time. Davis v. Mitchell, 628 A.2d 657, 660 (Me. 1993); Platt v. Martinez, 90 N.M. 323, 563 P.2d 586, 587 (N.M. 1977); Knox v. Bogan, 322 S.C. 64, 472 S.E.2d 43, 49 (S.C. Ct. App. 1996); Staker v. Ainsworth, 785 P.2d 417, 420 (Utah 1990); Kurtis A. Kemper, Cause of Action to Establish Boundary by Acquiescence of Adjoining Landowners, 3 COA 2d 729, 743 § 5 (1993). In Arizona, the required period of time for acquiescence is ten years, the same as that for adverse possession. A.R.S. § 12-526(A) (2003); Hein, 66 Ariz. at 114, 184 P.2d at 661.

If you wish to establish the fence line as a new legal boundary line, you will need to bring a legal action and have a court make that determination.

[lwpat]

You need to send the new neighbor a letter, CRRR, notifing him that the fence is your property, was paid for and installed by you and that it has been the agreed upon property line for over 35 years. Notify him that if he tears it down or damages it in any way that he will be responsible for replacing it in its current condition and location. If you think it necessary, have your attorney send the letter.