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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default Trespassers on a Wash Property in Phoenix, Arizona

    I live in Phoenix, Arizona.

    I recently purchased a home on a large lot of roughly an acre. A large wash (a dry desert creekbed) is on the property, which sits between my neighbor's lot and the north side of my backyard fence. It's easy to access the wash from the street.

    As I've come to discover, the wash is frequently used by people hiking, walking their dogs, etc. as a way to cut through to the neighborhood behind our subdivision (we don't have a HOA). Instead of sticking to walking in the wash, most of these individuals have been walking across my side yard because the terrain is easier to walk on. As a result, there's been a build-up of litter on my side of the wash and I've lost a few plants that have been trampled upon.

    Is there anything that I can do to minimize this sort of traffic? Is this traffic even trespassing, as I've heard that washes in Phoenix are public domain? If I put in a ton of cacti as a physical barrier to prevent foot traffic and someone (or their pet) gets injured, am I liable?

    Thanks.

  2. #2
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Trespassers on a Wash Property in Phoenix, Arizona

    You should read the municipal and county codes. Those will tell you what is considered a public area and what is not. They will also tell you what restrictions there may be on construction in a floodplain. My parents have a wash running through their property in Oro Valley and that is by all means considered private property.

    As for premises liability, it is generally held that a property owner is responsible for the condition of their property-ie. maintaining it in a safe condition. As long as you do not create an unsafe condition on your property when placing a fence or cacti, your exposure would probably be minimal.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Trespassers on a Wash Property in Phoenix, Arizona

    Quote Quoting AZDeputyClerk
    View Post
    As long as you do not create an unsafe condition on your property when placing a fence or cacti, your exposure would probably be minimal.
    I would be careful with putting in cactus in this situation. You would be intentionally creating a hazardous situation with the specific intent to inflict injury upon those that do not avoid the plants. Pretty much sounds like a suit in the works.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Trespassers on a Wash Property in Phoenix, Arizona

    Should we infer that the wash is not on either your property or your neighbor's? Is it municipal land?

    If your property is fenced, is this a setback issue? Why can't you move your fence up to the property line?

  5. #5
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Trespassers on a Wash Property in Phoenix, Arizona

    Quote Quoting Mr. Knowitall
    View Post
    Should we infer that the wash is not on either your property or your neighbor's? Is it municipal land?

    If your property is fenced, is this a setback issue? Why can't you move your fence up to the property line?
    From the description, it seems that the wash is on the property between the fence and adjoining property line. If the fence is back from the edge of the wash, I can't think of any reason that he could not move it, so long as it does not cause erosion of the bank.

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