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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111448
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Bought a home in a storic district that was completely

Customer Question

Bought a home in a historic district that was completely renovated to include fence around property. A city of phx inspector just notified us the new block wall is on city property by approx. 9ft!! Wall runs parrallel with a street and their claim is it is on a ROW. What recourse do we have since moving the wall will greatly diminish the amount of propery we thought we bought?
Thanks for any help.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

How long has the wall been in place?

Customer: replied 1 year ago.
I have a permit for the wall dated 4/9/2014.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If they approved the wall and made a mistake based on the location being on city property or an easement, you are going to have to move the wall. You cannot take over a right of way without the agreement of the city or a court order. You can seek to sue in court arguing that they knew that the wall would encroach on the right of way and granted the permit anyhow, which is their approval of the encroachment and you can also claim the equitable defense of estoppel in that the forced removal of the wall once they approved it would cause you extreme prejudice. So you would ultimately have to take them to court if they will not agree to allow the wall to remain.

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