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We purchased a home in the Prescott National Forrest ARIZONA

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in 2002. In 2015 we...
We purchased a home in the Prescott National Forrest ARIZONA in 2002. In 2015 we had a prospective buyer who requested a survey. We did not request a survey on 02. We knew the seller very well. The 2015 survey revealed that the previous owner put the septic system in (1983) 20 feet onto the forest land. Submitted his drawing to Yavapi County with a sketch of were the septic would be and where he would build the house in 1986. It was approved with NO INSPECTION. We have this paperwork. We were contacted by the National Forest to remove the septic. In order to put the septic on our land we had to purchase an alternate septic system. This included removing granite rock and purchase an additional parcel from another neighbor to accommodate leach lines,. This has cost almost $35,000.00 to comply with the National Forest. We have an affidavit from Mr. Brewer stating that he believed he was installing the septic on his own property. He also falsified information when telling us where the boundary lines actually were when we purchased the property. He had attached yellow Forests service boundary signs on trees (beyond the septic tank area). Our surveyor told us the 1815 boundary line pins were put in at the boundary of a mining claim and have not changed in over 100 years. The septic was 20 feet beyond those pins. The new septic was installed May 2015 and the property to accommodate the leach lines was purchased in March of 2015. We want to have Mr. Brewer reimburse us our costs for having to redo a septic. The home is on a granite mountain and we believe that Mr. Brewer deliberately faked his drawings in 1983 and knew that he could not put the septic on his own property since he had to drill into granite, With the home placement it is on a side of a mountain, with very little usable area. We are concerned about the statues of limitations and do not under stand A and B which seems to extend the limitation to a year after any alteration caused by such a matter. Would you enlighten us on our predicament we are in,. Thank You Carol Owen(###) ###-####
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Submitted: 1 year ago.Category: Real Estate Law
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Answered in 23 minutes by:
2/25/2016
Real Estate Lawyer: Irwin Law, Lawyer replied 1 year ago
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,427
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Hello Carol. I'm sorry to hear about your septic situation. Your statement of fact is very clear, except for: We are concerned about the statues of limitations and do not under stand A and B which seems to extend the limitation to a year after any alteration caused by such a matter.

I am not in AZ, but I have on line access to the AZ Code and Statutes of Limitations, if you can send me the reference numbers.

Also, we are not permitted to contact you outside of JA's "Additional Service" feature; however, a phone consultation is possible here if you wish. I will be off line for most of the middle of the afternoon. (I am on Eastern Time) but I can be back to you by early evening.

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Real Estate Lawyer: Irwin Law, Lawyer replied 1 year ago

Hello again. Do you have a follow-up question? I hope that you will enter a positive rating for my Answer by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

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Irwin Law
Irwin Law
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Category: Real Estate Law
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Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.

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