My question involves real estate located in the State of: ARIZONA
I recently purchased a house. My contractor approached my crazy neighbor to replace an existing wooden fence (concrete footer) with a new block wall.
The block wall was built. Crazy neighbor and I signed off on it and paid the contractor (Jessie).
4 months go by. The neighbor starts complaining the wall is not build correctly, even though we have permits and everything was inspected and approved by the city of Scottsdale.
In March, I came home one day and crazy neighbor had pried loose and removed about 15 blocks from the top of the wall. This is a 4 inch thick block wall, build for cosmetic appeal and not to withstand a lot of force (ie. a 200 lb lady hanging on it).
Crazy neighbor and I exchanged nasty notes. I didn't want to cause a huge fuss, so contractor Jesse came out again and re-grouted the wall - making it sturdier than before. I then stuccoed my side of the way, which made the wall EXTRA sturdy.
In May, I caught her (in the act) trying to shake the blocks loose again. I yelled at her to quite. I came home later that night, she had tied to shake apart the entire top row again - RUINING THE TOP OF THE WALL AND MY NEW STUCCO JOB.
I called the police, they came out and said I should take her to small claims court (damage to the stucco and wall was estimated at $1100).
I filed the paperwork to sue her. She responded and is now counter-suing me! She had a $2500 survey done. The results say the wall is 70% on her property and at one end, the wall is 100% on her property.... So she is suing me for the cost of the survey and her cost of the initial wall replacment ($2500 + $1000 = $3500)
The wall is 4 inches thick. So basically, the survey says the wall is 1 INCH over on her property (that's the 70%) and 2 INCHES over her property (that would be the 100%).
She says the wall was build improperly and moved from the original position. The was was build in the EXACT position it was before, using the same footer trenched, dug up from the previous fence.
I know she cannot counter sue me, because I did not do the work and I did not take her money. But this is such a pain in the ass.
I will go to court in a month for my claim and her claim. Any ideas on how I should handle it??????