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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102342
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Part of my property, including 3 saguaros, were taken up for

Customer Question

Part of my property, including 3 saguaros, were taken up for a wider road. The saguaros were re-planted on a median. Do I own the saguaros or the neighborhood association whose board came up with this plan?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Tucson AZ
JA: Has any paperwork been filed?
Customer: I have filed nothing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of at the moment.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me - who took up the road? The HOA or the city/county?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 8 months ago.
I believe it was the HOA since our community owns the roads.
Expert:  Ely replied 8 months ago.

Thank you.

Okay, unless the paperwork of the transaction specifically stated that the Saguaros still belonged to you, they are presumed to be taken along with the road and now belong to the HOA, I am afraid. However, if this is the case, I am sure that the HOA would be open to negotiation for you to get them back.

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 8 months ago.
Thanks for your answer. I will have to do some more checking on the paperwork. I'm left now with two saguaros, but my concern is that they now are part of the 'new' easement.
Expert:  Ely replied 8 months ago.
If they were part of the property taken, they may very well be - unfortunately it depends on the paperwork. Your HOA can then provide you with a copy if you request it in writing.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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