Legal Question in Real Estate Law in Arizona

We bought a commercial property ( mobile home park) in 2007. A few days ago, we were contacted by Centurylink (cable internet provider) who said they owned an easement on our property on a space which is currently occupied by a tenant. Paperwork showed this easement was purchased in 1985 and was not mentioned to us in the escrow process by the old owner. Centurylink is asking us to either move the mobile home unit or trade them for another piece on our property. The box they will be installing there will feed the entire neighborhood with a fiber optic line. The spot they have an easement on has never been used in the past. My question is if this easement is still valid or would they have to compensate us for a new easement? Can easements expire after a certain amout of time if they are not used nor occupied by the purchasing party? Why weren't Centurylink required to post a notice of easement before a trailer was moved on that space? Can they force us to move the trailer?

thanks


Asked on 4/05/12, 10:01 pm

1 Answer from Attorneys
Riley Snow The Law Office of Riley S. Snow PLC

In response to your questions, I'll assume the easement is valid in that it was recorded and will show up on a plat map of the property or as a separate document when a title search is performed. Assuming the easement has been properly conveyed, it is likely the easement is valid. Just because CenturyLink never did anything with the easement doesn't mean they can't use it now. That being said, it may be possible for you to claim the easement was abandoned due to someone placing the home over the easement without CenturyLink's objection. Is the home on blocks?

You may also be able to claim the homeowner adversely possessed the easement. These are possibilities that additional inquiry could clarify. If the facts are in your favor, you could require they purchase a new easement. Keep in mind, CenturyLink has established legal teams that handle nothing but their easement claims, so you know they will be ready.

I suggest you contact competent legal counsel to assist you or simply take what CenturyLink is offering and move on. I handle easement matters for public and private entities, as well as individuals. I have experience on both sides of such issues.

I would be happy to discuss your matter with you at your convenience. My contact information is below.

-Riley S. Snow

Attorney

(480) 477-6311

[email protected]

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Answered on 4/06/12, 12:34 pm


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