Is an unsightly home ruining your property’s value and your neighbor won’t do anything about it? Neighbor disputes are one of the reasons people move, with 13% of Americans say they have moved just to get away from a neighbor according to North American Van Lines. If you want to try to do something about it, you can contact your municipality to see if it is taking action. To prevail in court you usually will need some element of traditional “nuisance” law, such as noise, odor, light disruption, or physical invasion. But if a neighbor acts solely out of malice or spite, nuisance liability can also result. If you are in an HOA, Arizona law provides a method for resolving disputes as an alternative to the civil court system. This process is administered by the Arizona Department of Real Estate (“ADRE”). The Process includes filing of a written Petition to ADRE and a $500 per issue filing fee which is non-refundable when a hearing date is set. Contact me if you want more info on that process.
