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Old 10-03-2014, 11:28 AM
 
Location: Mobile, AZ
5 posts, read 6,244 times
Reputation: 16

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We bought a home on a 5 acre lot last year, 330 by 660. I was out measuring it for fence and it is only 310 by 644. Does the road count? I measured from the very edge of the road. If I had measured the road as well, it would almost be 330 ft on that side. Or this place is only 4.5 acres approx. I purchased 5 acres, I pay tax on 5 acres. Also the neighbors well is fenced in and mostly on my property. The well and reservoir take up a lot of area. I have no access to nor can I use the area. Do I have to have the property resurveyed?
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Old 10-03-2014, 11:37 AM
 
Location: NC
6,032 posts, read 9,179,573 times
Reputation: 6378
Get a boundary survey done. It sounds like your neighbors might be encroaching on your property. Around here if they do it 20+ years, they have right to the property.
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Old 10-03-2014, 11:43 AM
Status: "Made the Retirement Run in under 12 parsecs!!!" (set 8 days ago)
 
Location: Cary, NC
43,089 posts, read 76,670,112 times
Reputation: 45407
Did you not have it surveyed when you bought?
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Old 10-03-2014, 12:20 PM
 
4,567 posts, read 10,610,534 times
Reputation: 6725
First, check your deed. It will spell out how big your lot is.

Next, check to see if your deed has any easements on it, such as that well. This would mean you own the land, but your neighbor has a well on it and can use it and maintain it.

Next, check your neighbors deed, see if it has mention of that easement with the well on it.

Did you have a title search done before purchasing the land? Even if someone deleted it off your deed, doesn't mean the easement doesn't exist.

Cant find any answers? have it surveyed and seek advice from a lawyer.
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Old 10-03-2014, 12:41 PM
 
Location: Scottsdale, AZ
2,150 posts, read 5,147,825 times
Reputation: 3303
This is one of the pitfalls of buying land in AZ. Typically most sales do not require a survey, although you could have had one if you chosen. Chances are the road is really only an easement. Which means it is your property, you just cannot use it for anything other than ingress/egress.

As for the well being on your property that is an entirely different issue. In AZ "Adverse Possession" laws are complex you will likely need to consult an attorney regarding the use of that land.
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Old 10-03-2014, 01:30 PM
 
Location: Mobile, AZ
5 posts, read 6,244 times
Reputation: 16
The deed says the lot is 330 by 660. There is nothing on the deed about any easement of any kind. The road along side my property is not for my use but access for the 5 houses behind me and there is no other access.

There is a former survey attached to the property, it was done by my Mortgage company. I am going to call that survey company and ask them some questions. If it is indeed 330 by 660, then 2 different neighbors need to move their fence. The one directly Behind me and one of the one behind me on the far right corner of my property.

I cannot ask the neighbor whose well is on my property anything about his deed, as he is an out of state owner. He has only been here once for 2 days last winter and I did not get a chance to meet him.

Last edited by Bikerchickk; 10-03-2014 at 01:30 PM.. Reason: misspelling
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Old 10-03-2014, 01:32 PM
 
Location: Mobile, AZ
5 posts, read 6,244 times
Reputation: 16
Yes, we had a title search done before we bought it.
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Old 10-03-2014, 01:38 PM
 
4,567 posts, read 10,610,534 times
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Quote:
Originally Posted by Bikerchickk View Post
I cannot ask the neighbor whose well is on my property anything about his deed, as he is an out of state owner.
You dont need to ask him about his deed. Its public record available to anyone.
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Old 10-03-2014, 01:38 PM
 
Location: Tennessee at last!
1,884 posts, read 3,016,216 times
Reputation: 3861
And if you have title insurance they should be able to get your fence problem fixed too if that is the case
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Old 10-03-2014, 01:43 PM
 
4,567 posts, read 10,610,534 times
Reputation: 6725
Quote:
Originally Posted by Bikerchickk View Post
There is nothing on the deed about any easement of any kind.
It could be on a previous deed. Its easy enough to look at all the previous deeds and go back as far as you can. Take about 20 min.

No one will know where to move or not move a fence until boundaries are marked with stakes, etc by a survey company.
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