What are my rights if there is a phone booth on my property and the owner won’t pay for the use of my propertyor remove the booth?

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What are my rights if there is a phone booth on my property and the owner won’t pay for the use of my propertyor remove the booth?

Months prior to my grandmother’s death in 2004 she quit claimed an acre of property to me that had small houses she rented and a phone booth she received payment for. Ever since her death I have yet to receive any payment for the booth being on my property. I’ve tried calling the owner and he refuses to pay for the use of my property for the last 6 years and he refuses to remove the booth. He claims the booth was moved onto the city line years ago. However, city records show the booth has been sitting on my property ever since it was installed.

Asked on July 21, 2010 under Business Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You claiming that the deed gave you the same rights as your grandmother.  He is claiming that the booth is not his to pay for.  Who can settle this: a Judge.  Here is my concern: the contract was made with your Grandmother and not with you.  Did she assign her rights to you upon transfer of the deed?  I do not believe it would be that easy.  Was the contract written or verbal?  I really think that you need to seek out legal help with all of this as soon as you can.  You have waited way too long to figure this out.  And I am afraid that the longer you wait other legal concerns will arise.  Good luck.


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