Legal Question in Real Estate Law in Arizona
buying a property that does not have a written easement but has been used for ingress and egress for 62 years, property I am buying is land locked and the only access is the one that has been used all these years; since property is selling owner of adjoining land with easement is saying he is going to block off the only road to enter the property.....what do I do now?
1 Answer from Attorneys
Based on your information, you likely have a prescriptive easement and/or easement of necessity. Both are recognized property rights, but you need to assert them in court in order to legitimize them since no formal easement was ever recorded. Alternatively, you could attempt to negotiate an easement settlement with the adjoining landowner in order to avoid court.
I routinely handle such easement matters and would be happy to discuss your case with you. Feel free to contact me at your convenience.
Riley S. Snow
(480) 477-6311
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