By Joe Szabo, Scottsdale Real Estate Team Occasionally, a home that’s under contract will be damaged by fire, natural disaster, or some other issue. Significant damage can derail a real estate purchase and add a remarkable amount of stress for both buyer and seller. Though it happens rarely, all parties need to react quickly and understand how to move forward.

Check the contract

Most contracts provide a process to deal with damage when and if it happens. Typically if there is damage, and it is less than five percent of the total value of the contract, both parties agree to move forward with the transaction. But the seller will need to remedy the damage prior to closing. If your contract doesn’t include a provision that covers this, you need to consider having one added before you sign. Such a clause typically provides coverage for things like appliances, boilers or central air conditioning systems that might break. For damage over five percent, most buyers will have the opportunity to cancel the agreement and move on, without losing any of their deposit money.

Get the bank involved

If the buyer has arranged to take out a mortgage, most lenders will approve a credit up to three percent without incident. Anything more than that and the bank will want to know about the damage, have a new appraisal, and may even cancel the loan. What’s most common is for the lender to want to re-do the loan, adjust the purchase price and put it back through underwriting. Going back to the beginning takes time and may require another appraisal. Both parties will have to extend the contract’s time frames. It’s smart practice to keep your lender in the loop — and remember, it’s fraudulent to hide credits or serious damage.

Get the property inspected

It’s so important to have a property inspection before closing. It would be very easy for a seller to argue that the damage was pre-existing, and if the buyer did not inspect, there is no way of proving otherwise. After the inspection, if there are any problems, either negotiate a credit or require that the seller repair prior to closing. No matter how much pressure you feel or how long you’ve been in the market, waiving a property inspection to be competitive can get you into deep trouble.

Leverage the walk-through

As a buyer, you will have the opportunity to walk through the home prior to the closing. Do this. If something is not working or there is damage, you should delay the closing. A buyer has leverage because the seller wants to close, get their money and move on. It’s in their best interest to cooperate and remedy any issues. Be sure to schedule the walk-through the day before or the day of the closing. A lot can happen, even in just a few hours. Most real estate transactions go smoothly. Buyers and sellers make a deal, sign a contract, inspect, get a loan and close. While every purchase or sale can cause stress and anxiety, encountering damage during escrow will really up the ante. Please note that this Scottsdale Real Estate Blog is for informational purposes and not intended to take the place of a licensed Scottsdale Real Estate Agent. The Szabo Group offers first class real estate services to clients in the Scottsdale Greater Phoenix Metropolitan Area in the buying and selling of Luxury homes in Arizona. Award winning Realtors and Re/MAX top producers and best real estate agent for Luxury Homes in Scottsdale, The Szabo group delivers experience, knowledge, dedication and proven results. Contact Joe Szabo at 480.688.2020, info@ScottsdaleRealEstateTeam.com or visit www.scottsdalerealestateteam.com to find out more about Scottsdale Homes for Sale and Estates for Sale in Scottsdale and to search the Scottsdale MLS for Scottsdale Home Listings.

By Joe Szabo, Scottsdale Real Estate Team Fall doesn’t always inspire the same kind of excitement from gardeners as spring, and even the name ‘fall’ lacks that other season’s peppy cheer. Maybe it’s the fact that it’s a time for boring chores like raking leaves and digging things up, but there are also lots of fun things to do in fall. It’s the best time to plant trees and shrubs, it’s cool enough to do all of the digging and other strenuous labor you’ve been putting off all summer, and you can still plant cold-tolerant veggies and flowers. By the time you’re done with this list, maybe fall will become your other favorite time to garden.

Bring in tender plants

Instead of thinking of this as a chore, look at it this way: You’ll soon get to enjoy plants indoors all winter. The moment nights start to get chilly, it’s time to bring in any houseplants, tropicals and succulents. Remove any dead leaves or branches, as well as any insects. While you’re at it, now is also a good time to repot them with fresh potting mix. Plants that will be grown as houseplants should be placed in bright light and kept lightly moist throughout winter, while other tropical plants should be kept in a cool, dark place and remain barely moist so that they enter dormancy. Fig trees and bananas are prime candidates for this method.

Dig up summer bulbs

Tropical summer bulbs like dahlias, cannas and colocasias should be dug up before the first frost, unless you live in zones 8-11. After lifting them from the soil, lightly brush the bulbs to remove any dirt and inspect for any hitchhiking pests. Store bulbs in paper bags filled with sawdust or shredded newspaper, and put them in a dark, dry and cool place until spring.

Plant spring bulbs

Spring bulbs such as tulips and daffodils require a cold winter to bloom their hearts out, so plant them now so they get all the cold they need. Plant tulips eight inches deep, daffodils and narcissus nine inches deep, crocus four inches deep and hyacinths five inches deep. Plant them in clumps and drifts as they would appear in nature, rather than in straight and unnatural rows.

Plant cold-tolerant annuals

Just because cold weather is on the way doesn’t mean that flowers are not an option. Many — like violas, petunias, violets and alyssum — continue to bloom through frosts. Plant purple flowers to contrast with the warm colors of fall foliage, or choose white and yellow ones to brighten up the darkening days. Be sure to plant some in a container combination as well so that you can enjoy them at your doorstep.

Plant cold-tolerant veggies

That’s right: Fall is a great time to plant cold-tolerant vegetables, and some can even be harvested before a deep freeze. Plant garlic, onions and shallots now for a spring harvest, or if you’re too hungry to wait that long, plant fast-growing radishes and peas, or leafy greens that can be picked at any size, such as lettuce, kale, spinach and collards.

Add plants with winter interest

A well-planned winter garden can feel like a bit of warm weather on a cold day. Evergreens such as cedars, hollies and Euonymus are useful for bringing much-needed greenery and privacy to the landscape, but a plant doesn’t necessarily need evergreen leaves to look interesting. Trees and shrubs with attractive trunks, limbs and bark can look quite striking against the backdrop of snow or straw-colored grass.

Remove damaged branches

That said, shearing shrubs in fall is a bad idea. Some, such as azaleas and rhododendrons, bloom in early spring and can’t be pruned without damaging buds and ruining spring’s flowering display. However, it’s always a good time to remove limbs that are diseased, damaged or otherwise detrimental to the plant’s form or structure.

Make decorations from the garden

Some of the best seasonal decorations can be grown right in your own backyard. Pumpkins, gourds and squashes are obvious choices for fall decorating, but don’t forget to consider other plants. Woody okra pods and cotton bolls can be used to great effect for a Southern look. If the first frost is in the forecast, make good use of any remaining blooms or foliage by turning them into an impromptu flower arrangement. Then when you have friends over, they’ll think you just throw these things together on a regular basis.

Plant trees and shrubs

Fall really is the best time to plant trees and shrubs. The best part is that instead of keeping them watered through the warm, dry days of spring, you can soon forget about them when they start going dormant for winter. When spring arrives, your plant will have a head start and established roots.

Dig new beds

Another thing to get out of the way now is digging and preparing new garden beds. The weather is pleasant enough to knock it all out in a day, and you can even plant winter vegetables there as benchwarmers until spring. By the time spring finally does roll around, just mix in some more compost or aged manure. Your garden bed will be good to go. Please note that this Scottsdale Real Estate Blog is for informational purposes and not intended to take the place of a licensed Scottsdale Real Estate Agent. The Szabo Group offers first class real estate services to clients in the Scottsdale Greater Phoenix Metropolitan Area in the buying and selling of Luxury homes in Arizona. Award winning Realtors and Re/MAX top producers and best real estate agent for Luxury Homes in Scottsdale, The Szabo group delivers experience, knowledge, dedication and proven results. Contact Joe Szabo at 480.688.2020, info@ScottsdaleRealEstateTeam.com or visit www.scottsdalerealestateteam.com to find out more about Scottsdale Homes for Sale and Estates for Sale in Scottsdale and to search the Scottsdale MLS for Scottsdale Home Listings.

By Joe Szabo, Scottsdale Real Estate Team If you plan to buy a home with financing, you may feel overwhelmed by everything you need to learn about the process. Here are five key points to get you started.

Understand the full cost of owning a home

There are four main categories of a homeowner’s monthly housing payment — principal, interest, taxes and insurance (P.I.T.I.). Principal and interest comprise your monthly mortgage payment. The principal pays down your loan balance monthly, and the interest pays your fee for borrowing the money. Use an amortization calculator to see the principal-versus-interest breakdown over time. Taxes refer to property taxes assessed by the county you live in, and average 1.2 percent of your home’s value each year. Homeowners insurance is required when you have a mortgage, and you pay it to an insurance company of your choosing. Insurance typically costs $700 to $1,200 per year for a single family home. In addition to P.I.T.I., if you live in a planned unit development (PUD) or condo, you’ll have homeowners association dues, which cover common area amenities, ongoing upkeep, and reserves for future maintenance. These monthly dues range from $100 to over $1,000. If you don’t live in a PUD or condo, you should construct your own savings plan for future maintenance.

Examine your credit history now

A strong credit report is critical for getting the best mortgages with the lowest rates. Lenders want reliable on-time payment history, as well as credit depth. Your report will be more appealing to lenders if you have a significant amount of credit. If you need to obtain more credit, note that your credit score can drop 5-15 points when you first open a new account, then will rise again when you’ve established good payment history, so it’s best to open new accounts a few months before applying for a mortgage. Federal law entitles you to a free credit report every year, but these reports only show account history, and don’t include scores. Get your credit score, and take steps to improve it, if necessary.

Match mortgage products to your budget and timeline

You can calculate how much you can afford to spend on a home with inputs you already know: income, monthly non-housing debt, and savings for down payment. Next, you need to think about how long you’re going to be in a particular home so you can target the right loan product. If your income isn’t going to grow over time, you will probably be in the home longer term, so you’ll want a loan with a payment that won’t change, like a 30-year fixed. Or maybe you expect your income to increase sharply within five years and you’re going to upgrade homes within that time, so you’ll want a five-year ARM, which has a much lower rate. If you don’t have a 20-percent down payment, you can buy with as little as 3 percent down using FHA, VA, Fannie Mae, or Freddie Mac low-down programs, but you’ll have mortgage insurance on top of your monthly P.I.T.I. Estimate your mortgage insurance with a mortgage calculator.

Get pre-approved in advance

If you do all your home financing research without getting pre-approved, you could be disappointed when it comes time to find a home. Home shopping is competitive, and most sellers require your offer to be submitted with a lender pre-approval letter to prove you’re all ready with your financing.

Know what lenders will require

When you’re ready to get pre-approved, remember that lenders will closely examine all aspects of your life. They’ll ask for full name, address, date of birth, social security number, and ages of children. They’ll also review your credit report, employment history, pay stubs, tax returns, bank statements, divorce and any other legal settlements, and full financials for any businesses you own. A lender will give you a checklist outlining exactly what documents they need. Follow this checklist exactly. If they only ask for your last two pay stubs, don’t send three. If they only ask for federal tax returns, don’t send state. Also, be prepared to write short letters to explain past inquiries on your credit report, past addresses, and name changes. Now that you’ve got an overview, you can dive deeper into home financing topics, then find a lender in your area to partner with you through the process. Please note that this Scottsdale Real Estate Blog is for informational purposes and not intended to take the place of a licensed Scottsdale Real Estate Agent. The Szabo Group offers first class real estate services to clients in the Scottsdale Greater Phoenix Metropolitan Area in the buying and selling of Luxury homes in Arizona. Award winning Realtors and Re/MAX top producers and best real estate agent for Luxury Homes in Scottsdale, The Szabo group delivers experience, knowledge, dedication and proven results. Contact Joe Szabo at 480.688.2020, info@ScottsdaleRealEstateTeam.com or visit www.scottsdalerealestateteam.com to find out more about Scottsdale Homes for Sale and Estates for Sale in Scottsdale and to search the Scottsdale MLS for Scottsdale Home Listings.

By Joe Szabo, Scottsdale Real Estate Team Just in time for back-to-school, Zillow Digs announced the top three closet organization trends for fall 2015 — and the three biggest fads to ditch. The results were published today in the Zillow Digs Home Trend Forecast, a one-of-a-kind report based on a survey of leading interior designers and an analysis of the most popular photos on Zillow Digs. Looking to get organized this fall? Check out the season’s biggest closet trends below.

Top closet trends for 2015

1. Transparent storage materials. Transparent storage materials such as frosted doors and see-through drawers will gain popularity among homeowners and in big-box stores this year. “Closets, especially bedroom closets, are becoming more like clothing exhibitions to display purchases more as collections, making transparent materials key,” says Nina Magon, Zillow Digs designer and principal of Contour Interior Design.

2. Split or his-and-hers finishes. Split closets with contrasting finishes and color palates will become all the rage, especially in bedrooms. Expect to see a rise in warm white paint tones and metallic accents contrasted with dark wood or leather finishes for a clean, but personalized, look.

3. Spotlight lighting. Predicted to become the go-to closet lighting solution this year, directed lighting or spotlights are both functional and stylish. Spotlights also help create the boutique-like ambiance that so many homeowners are gravitating to in their closet spaces.

Three fads to replace

1. Behind-door storage. Hiding everything behind a small closed door is a thing of the past. Expect to see homeowners experimenting with large sliding doors and curtains, or even expanding closets into a larger space to better showcase and find their favorite items.

2. Basic setups. Homeowners will want to go beyond the “closet in a box” arrangement and add their own custom touches or creative flair to organization spaces. Designers anticipate wire racking mixed with woven baskets or custom wood finishes to grow in popularity this year.

3. Dark closets. Closets with minimal lighting or heavy doors that keep natural light out are quickly headed out of style. With the rise of transparent materials, homeowners will want an accessible closet where they can easily find belongings and enjoy how they’re displayed.

Need help getting organized this season? You’re in luck! Zillow Digs and The Container Store are teaming up to give one lucky winner a $5,000 shopping spree at The Container Store, as well as a consultation with a closet organizer. Please note that this Scottsdale Real Estate Blog is for informational purposes and not intended to take the place of a licensed Scottsdale Real Estate Agent. The Szabo Group offers first class real estate services to clients in the Scottsdale Greater Phoenix Metropolitan Area in the buying and selling of Luxury homes in Arizona. Award winning Realtors and Re/MAX top producers and best real estate agent for Luxury Homes in Scottsdale, The Szabo group delivers experience, knowledge, dedication and proven results. Contact Joe Szabo at 480.688.2020, info@ScottsdaleRealEstateTeam.com or visit www.scottsdalerealestateteam.com to find out more about Scottsdale Homes for Sale and Estates for Sale in Scottsdale and to search the Scottsdale MLS for Scottsdale Home Listings.

By Joe Szabo, Scottsdale Real Estate Team In a strong market, if a home is priced right and shows well, it should sell within the first six weeks. If it doesn’t, many sellers become frustrated, especially if their agent begins pushing for a price reduction. It’s a common rub: the seller thinks the agent just wants a quick sale, but the agent sincerely wants to help the seller get action. Agents understand that a listing loses momentum and excitement soon after being listed. Buyers will think of a home as stale, tired, or flawed if it sits on the market too long. Here are some ways to get more traction if your home is not generating offers.

Location, price and condition are key

You can’t change your home’s location, but you do have some control over the other two important buyer considerations. If the home is still sitting on the market after a few months, and especially if it has had no showings or offers, you need to look at the price and the condition. You have two big choices to make if you are ready to sell. The first is to take the home off the market and make some changes, such as staging, de-cluttering, and altering the look of the kitchens and bathrooms. If you are getting specific feedback about one part of the home, change it. A few months off the market will ensure that, when it comes back on, there will be a new set of buyers taking a look at your fresh listing. If you are unwilling to make the needed changes to the home, the other option is to reduce the price. I recently visited with sellers who built a brand new beautiful home with excellent finishes and fixtures. But after four months, they only had two showings, and in a market where homes were selling with multiple offers within weeks. The issue was the location. It was the absolute best home on a very tough block, and the setting was not private. In this case, the sellers had no choice. There was no moving or improving the house. The only option was to drop the price. The sellers opted to take the home off the market and rent it because they were not ready to sell at the recommended price.

Make sure you and your agent are on the same page

If you and your agent don’t see eye-to-eye on the pricing or sales strategy prior to listing, it might be time to find another agent. You want an agent who has your back and who is on the same page as you. Without that synergy, you could be in for unnecessary conflict six weeks in. Discuss your intentions with your agent upfront, and listen to her feedback. A price reduction or low offer shouldn’t come as a surprise. But if the home isn’t selling, and the seller wants to see action, a good listing agent will ask for offers, follow up with interested parties, and let them know that the seller wants to sell. Reducing the listed price may not be necessary if there’s a buyer who understands that the seller will entertain an offer below the asking price. You may have to see firsthand how the market works. If you list your home at a lower price than you’re comfortable with, you may be sorry if you get offers right away. But if you price it higher and don’t get any response after some time, then you will see the market speak for itself. I’d much rather have seller clients in the latter situation than the former. Every scenario is different, and it’s so important to work with an agent who is in synch with your strategy and can help you adapt to your market.   Please note that this Scottsdale Real Estate Blog is for informational purposes and not intended to take the place of a licensed Scottsdale Real Estate Agent. The Szabo Group offers first class real estate services to clients in the Scottsdale Greater Phoenix Metropolitan Area in the buying and selling of Luxury homes in Arizona. Award winning Realtors and Re/MAX top producers and best real estate agent for Luxury Homes in Scottsdale, The Szabo group delivers experience, knowledge, dedication and proven results. Contact Joe Szabo at 480.688.2020, info@ScottsdaleRealEstateTeam.com or visit www.scottsdalerealestateteam.com to find out more about Scottsdale Homes for Sale and Estates for Sale in Scottsdale and to search the Scottsdale MLS for Scottsdale Home Listings.

By Joe Szabo, Scottsdale Real Estate Team The Mediterranean coast has always inspired travel envy, and it inspires decor envy, too. The natural combination of sea shores and exotic landscapes has a way of captivating the senses. Whether or not you’ve traveled to Spain, Greece, Italy or Morocco, you can bring that Mediterranean flair to your home with these 10 accessories and design motifs.

Natural wood accents

Any natural wood elements, particularly exposed beams and wood floors, are key components of Mediterranean homes. Smaller rustic natural pieces such as driftwood add to the feeling of being just off the water, where the salt breeze texturizes the wood. For a more portable addition, look for wood mirrors, sculptures, hooks and decorative boxes.

Terra-cotta pots and plants

Outdoor living is a key part of the Mediterranean lifestyle, and one you can easily emulate with plenty of plants, both indoors and outdoors. Hang them and place them on the floor in large terra-cotta pots. Citrus trees add a particularly lovely component from the region — and will provide you with fresh lemons, limes and oranges to add to a pitcher of sangria, too.

Wrought iron

Wrought iron accessories — especially lamps, screens and wall hangings — will bring a slightly Moroccan flair. These are also reminiscent of the very common balconies and doors in the area’s open-concept homes.

Bright tile and mosaics

A key element of Mediterranean style is brightly colored tile and mosaics. Wall hangings, backsplashes, mirrors, frames and pottery made of brightly colored tile or a mosaic are a sure sign of the coast. A row of mosaic frames mingled with wood frames on a bookshelf is a perfect addition.

Romantic touches

A few romantic touches, such as sheer curtains to let in a nice ocean breeze and soft blankets nearby to fend off the chill, will make your Mediterranean-style home really come alive. Keep the blankets in a big woven basket near the couch, and add a bunch of lavender to the basket for a calming scent and touch of France.

Candles and mirrors

Similarly, candles and mirrors add romantic touches that evoke the spirit of a warm Mediterranean night. Mirrors reflect the warm candlelight and make your abode glow with the aura of a sunset over the sea. Try a large mirrored plate with white pillars on the center of the coffee table, or embellished votives lining a mantle.

Texture, texture, texture

Textured walls and building materials are a trademark of the building style in most Mediterranean countries. If you’re up for texturizing your walls, a sand or sky tone of tan or blue will suit the style nicely. If not, add texture with pillows, rugs, and even ornate room dividers. Rugs in particular are a great way to add texture: mix and match woven seagrass with Oriental rugs to capture the essence of the entire region.

Add cushions

The bold furniture of the style can vary by country, but heavy, low pieces are always appropriate when topped with cushions, which are an easy update for existing furniture. For a more Greek style, sleek solid-color cushions are ideal. For more Italian flair, try neutral striped cushions and more bare wood furniture. Of course, floor cushions are a great addition, too.

Ropes, columns, statues, Greek key and scrolls

Details inspired by the history of these nations — such as ropes, columns, the classic Greek key design, and scrolls on rugs, plaster, wall hangings, decorative vases and more — will bring the sense of a unique antique find. Try braided drink coasters or columns as plant stands. Please note that this Scottsdale Real Estate Blog is for informational purposes and not intended to take the place of a licensed Scottsdale Real Estate Agent. The Szabo Group offers first class real estate services to clients in the Scottsdale Greater Phoenix Metropolitan Area in the buying and selling of Luxury homes in Arizona. Award winning Realtors and Re/MAX top producers and best real estate agent for Luxury Homes in Scottsdale, The Szabo group delivers experience, knowledge, dedication and proven results. Contact Joe Szabo at 480.688.2020, info@ScottsdaleRealEstateTeam.com or visit www.scottsdalerealestateteam.com to find out more about Scottsdale Homes for Sale and Estates for Sale in Scottsdale and to search the Scottsdale MLS for Scottsdale Home Listings.

By Joe Szabo, Scottsdale Real Estate Team After months, maybe even years, of looking at homes online, going to open houses and stalking listing data, the time has come. You’ve fallen for a home, and you’re ready to make your first offer. It can be scary, but it’s exciting at the same time. Here are some pointers to keep in mind as you throw your home-buying hat in the ring for the first time.

Have confidence in your search experience

Keep in mind that when it comes to making an offer, there is no single right answer and no “exact” price or terms for a home you covet. As a savvy buyer, you’ve got the market knowledge and experience it takes to analyze the deal. Believe in yourself. Take what you’ve learned, partner with a great agent, and trust your judgment. Think about the homes you’ve toured and open houses you’ve attended, and you will naturally start to see where your home of choice fits in the context of the market.

Learn all you can before deciding on your offer

If you are ready to pull the trigger, first find out what the story is with the listing. In order to come up with the best offer, you’ll need to know how long the home has been on the market, if there are other offers on the table currently, and if there’s a specific day the sellers will review the offers. You can uncover a lot by learning about the seller. Find out why they’re selling and what their motivations are. Pull all that information together and then mesh it with comparable homes’ sales data.

Reviewing comps is crucial

Your agent should send you the last six months of recent sales data to review and compare. These “comps” tell about the most recent market and what current buyers/sellers have agreed on for a sale price. Look at the pending sales first and see if your agent can uncover some information about those transactions. You want to ask about the number of offers they received or a ballpark selling price. The pending sales represent the most up-to-date market statistics. Ask your agent what his opinion of the home’s value is and start to mull over this information.

Give your lender a heads up

Your lender should be on speed dial at this point. Let her know you plan to make an offer on the home. Not only will you need apre-approval letter with your offer, but you will want an update on mortgage rates and products, since these change daily. From the time you applied for pre-approval until now, there could have been a massive shift in rates or a new product that could benefit you. For all you know, you can afford more, or that bonus you received last month could mean a higher down payment and qualifying for a better product.

Discuss terms

In addition to price, you will need to decide on terms. How long will you take for your inspections? Do you want to close quickly or take a longer time? Will you need an appraisal and loan contingency? How long should that be? The terms of your offer can make or break your deal. If the seller wants a quick close, and you can do it, give it to them. If you are competing with a cash offer, make your loan terms foolproof. Marry all of the data from above and take your best shot.

Remember, there will be other houses

Rarely does a buyer score the first house they offer on. And it’s not the end of the world if you don’t. There will be other homes for sale. People change jobs, get divorced, move closer to family, have children or pass away. All of these things can result in a home sale or purchase. Have faith that another home will come along in the future. There’s no rush, and you should never buy real estate overnight. Have fun, and learn from each offer you make. Please note that this Scottsdale Real Estate Blog is for informational purposes and not intended to take the place of a licensed Scottsdale Real Estate Agent. The Szabo Group offers first class real estate services to clients in the Scottsdale Greater Phoenix Metropolitan Area in the buying and selling of Luxury homes in Arizona. Award winning Realtors and Re/MAX top producers and best real estate agent for Luxury Homes in Scottsdale, The Szabo group delivers experience, knowledge, dedication and proven results. Contact Joe Szabo at 480.688.2020, info@ScottsdaleRealEstateTeam.com or visit www.scottsdalerealestateteam.com to find out more about Scottsdale Homes for Sale and Estates for Sale in Scottsdale and to search the Scottsdale MLS for Scottsdale Home Listings.

from Joe Szabo, Scottsdale Real Estate Team Much like neighborly quarrels, adversarial property laws have been around for ages. Accordingly, ancient lawmakers devised notions — such as deeds, boundary lines, and parcel numbers — to ensure owners and neighbors alike were apprised of property limits. However, conflict between neighbors remains common, often prompting contentious lawsuits, unrelenting litigation, and serious tension at annual block parties.

Preventing property disputes with neighbors

Avoiding disputes altogether is one of the easiest ways to avoid a nasty legal battle. A common scenario in disputes between neighbors involves one of nature’s most majestic beauties: trees. It may sound too simple to be true, but many lawsuits have ensued when a tree — which may have started out as a wee sapling — evolves into a problematic and potentially dangerous behemoth straddling the boundary line. In this scenario, neighbors are encouraged to negotiate ownership in writing at the first sign the tree might become a problem. One of the quickest ways to escalate a conflict is to try and trim a tree back to the property line, which can cause unnecessary damage. If the boundary line — and resulting tree ownership — is unclear, ordering a new survey of the property might be the best way to avoid problems before they start.

Water under the bridge

Another natural disaster waiting to happen involves ownership (i.e., the maintenance and upkeep) of water sources that straddle or create property lines. In these cases, working with a riparian rights attorney might be the best bet for reaching a solution, as water disputes can be extremely impactful, particularly if the water source is used for livestock or consumption. For most people, however, disputes over fences and boundary lines are most common. These conflicts can easily be prevented with a little communication or help from a local surveyor. Assuming there are no interceding issues with the local homeowners’ association, a property owner can erect a fence on his property as he sees fit. However, a property owner is generally advised against making an educated guess about legal boundary lines, as a slight misjudgment may end up requiring the fence to be relocated at his expense. Hire a surveyor to conclusively determine the exact boundary line, and always leave a reasonable buffer zone between the fence and that line.

Managing a dispute

Not every legal dispute is contentious in nature, and some disputes may be necessary to effect the proper legal transfer of property. Imagine, for example, a parcel of land that has been passed down from one generation to the next for hundreds of years. Families often use quitclaim deeds to quickly pass on land and, as a result, may not bother with a survey or metes and bounds description for decades on end. When it comes time to transfer this property to an outside buyer, he or she will likely insist on a survey, which may reveal that certain tracts actually belong to one side or the other, creating an instant dispute. In this situation, hiring an experienced property lawyer might be prudent, as it may be possible to negotiate a new boundary line without court intervention. If a legal dispute with a neighbor is unavoidable, be sure to rely on knowledgeable experts familiar with state and local property laws. Although it may seem pricey and unnecessary at the outset, working with a consultant familiar with tree law (yes, these exist!) or a riparian rights expert could help save valuable property rights in the future.

Property disputes gone wild

Think your neighborhood is too dignified for unseemly lawsuits and tree consultants? Think again. Historically, boundary line, nuisance, and property disputes have comprised a sizable portion of local courts’ equity dockets. Some of these disputes have reached epic proportions:

• In Port Angeles, WA, a neighbor who was disgruntled over the height of an adjacent fence decided to level it with a bulldozer. After apparently failing to review the owner’s manual, however, the neighbor ended up damaging four homes and cutting power to 1,000 local residents, resulting in a Class B felony.
• In Orange County, CA, a long-standing rivalry between neighbors resulted in a heated encounter over fireworks, which one neighbor deemed the last straw. When he tromped over to complain, the other neighbor fatally shot him through the screen door, a crime which landed him in jail for life.
• In another dispute-related fatality, a North Carolina man cemented over a drainage ditch, resulting in significant overflow into the neighbor’s property. The neighbor, enraged, confronted the man and ultimately shot him over the dispute.

As you can see, even seemingly benign disputes with adjacent landowners can lead to disastrous conclusions. Take heed, and prepare to prevent conflict before it starts. Please note that this Scottsdale Real Estate Blog is for informational purposes and not intended to take the place of a licensed Scottsdale Real Estate Agent. The Szabo Group offers first class real estate services to clients in the Scottsdale Greater Phoenix Metropolitan Area in the buying and selling of Luxury homes in Arizona. Award winning Realtors and Re/MAX top producers and best real estate agent for Luxury Homes in Scottsdale, The Szabo group delivers experience, knowledge, dedication and proven results. Contact Joe Szabo at 480.688.2020, info@ScottsdaleRealEstateTeam.com or visit www.scottsdalerealestateteam.com to find out more about Scottsdale Homes for Sale and Estates for Sale in Scottsdale and to search the Scottsdale MLS for Scottsdale Home Listings.