Who is Responsible for Repairing a Common Fence Between Neighbors?

Who is Responsible for Repairing a Common Fence Between Neighbors

When neighbors have differences of opinion about who’s responsibility it is to maintain or repair a shared wall or fence, they may have no choice but to turn to local ordinances or a court to settle their dispute. The same problem can come up with tree maintenance and damage from fallen limbs. So, who is responsible for repairing a common fence between neighbors in Arizona?

Residential Fences and Walls

In Arizona, the law does not specifically address residential fence and wall disputes.  However, local municipalities may have their own codes about these matters. Generally, neighbors are equally responsible for maintaining and repairing their common fence or wall. However, if it can be shown that one neighbor is more responsible for injury to the structure than the other, that person may be liable for the damage. In a perfect situation, neighbors will be able to recognize the mutual benefit of paying to keep up a fence or wall and will agree to split the costs. However, it can be a headache if you have a neighbor who refuses to help or pay for a repair.

Removing a Wall, Fence, or Tree

There may be circumstances where someone can remove a wall or fence put in place by a neighbor.  If the removing party can show that the other person deliberately blocked their view with a structure that is not of use to them, they may be able to take a fence, wall, or tree away. However, the injured party would need to be able to show that they were substantially and unreasonably harmed.

Trees

Trees can also be another source of a property line dispute between neighbors. A dangerous limb hanging over a neighbor’s home, or a tree dropping leaves and berries into a pool could create a real problem. Arizona residents can trim overhanging tree limbs up to the property line at their own expense, as long as they do not kill the tree in the process.

Talk with An Arizona Real Estate Attorney

Feuding with a neighbor can create bad feelings that last for years. In this situation, the best thing for everyone may be to take a step back and get a neutral, professional opinion before taking action. An experienced Arizona real estate attorney can help you examine your situation logically, and identify possible solutions.

Laura B. Bramnick is an Arizona real estate attorney with the expertise to help you problem-solve your property dispute.  If you are seeking an exceptional, client-driven real estate lawyer in Scottsdale, Phoenix, Sedona, and throughout the State of Arizona, contact Laura B. Bramnick to schedule your consultation.

 

 

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