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I have construction of a new home happening next to our existing

house in Scottsdale, Arizona. The...
I have construction of a new home happening next to our existing house in Scottsdale, Arizona. The workers have trespassed on my property and damaged my property. I erected a no trespassing sign. Now they want to make the brick wall between the fence higher. They just told me their plan verbally this morning.

Shouldn't they have put this in writing to me to discuss? Can I legally stop them from damaging the existing wall?

My concern is that the wall on my side will need to be painted and I'm sure they will make no effort to paint it.

I'd like to understand my options and what they are legally supposed to do and what legally I can do.

Any advice is appreciated beyond what I wrote.
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Answered in 3 minutes by:
10/14/2013
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,025
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is XXXXX XXXXX I look forward to helping you!

Can you provide me a bit more information. Is the existing wall on your property or the neighboring property. Or, is it partially on both? Thanks.
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Customer reply replied 4 years ago

Hi Richard,


 


The wall is on both properties. It divides the two homes along the property line.

Thanks for your quick reply. Because this wall is located on both properties, in order for them to do anything without your consent. Furthermore, the workers have no legal right to trespass upon your property without your consent. You would want to first send them a letter by certified mail putting them on official notice that they are not legally allowed to either alter the wall in any way or trespass upon your property without your prior written consent which you are specifically not granting and demand that they cease and desist from any alteration of the wall and/or further trespassing in the future and that they repair any and all damages they've caused to date. Let them know you hope this is the end of it...i.e., they remediate the damages, agree to no alteration of the fence and cease and desist in any further trespassing....so that nothing further needs to be done, but that if they alter the fence without your consent or continue to trespass upon or damage your property without your consent, you will have no choice but to: i) contact the district attorney's office and file criminal trespass charges; and ii) file a civil suit seeking a monetary award for all prior damages and an injunction to be issued prohibiting any alteration of the wall and any future trespassing. If they then violate that injunction, they would be in contempt of court and subject to civil and/or criminal sanctions imposed by the court. Typically the letter is sufficient. One other suggestion would be to install an inexpensive camera monitoring the property line that is tied to a computer hard drive so you have physical evidence of any trespassing and damages should either occur.


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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,025
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Customer reply replied 4 years ago

Thanks Richard,


 


I'll draft a letter now and have a process server come out and serve them immediately. I appreciate your prompt reply.


 


Cheers,


 


Rick

Rick, you're very welcome....it's my pleasure to help! And, thanks so much for the positive rating and the generous bonus! I appreciate your kindness and the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/
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Richard
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