Legal Question in Real Estate Law in Arizona

Re: easement

This is slightly difficult to analyze without looking at a site plan to see what exact property the original seller owned, what property your inlaws now own, what you own, and how the lay of the land is as to all owners.

If there is adjacent land to yours that was owned by the original seller you would have possibly an easement for ingress, egress over his property. You may have a similar right over your inlaws property. This would not necessarily be the utility easement, and would be wide enough for an automobile to pass normally.

There is an implied right of way to enter land, so therefore technically there is no such thing as landlocked with no right to enter. When someone buys land in front of yours to the street, they know you will have a right to get to your property.

As to stopping a sale, you only mention a foreclosure in your question. If that is the sale you are referring to, I do not see what that has to do with the rest of the case you state. A foreclosure is started because you defaulted on your payments. A foreclosure can be stopped by reinstating the loan (bring the payments current and pay the foreclosure fees) or by bankruptcy filing. You must act prior to the sale date. See a bankruptcy attorney if you must. There are people who will help redeem property, but the ones who send you letters or come to your door are usually sharks. You will need a referral to a reputable person.

If you want to gather the complete evidence, maps etc. and come for a free, no obligation consultation you can call 480.835.1500. I could tell you more as to which property you have an easement on. But you will have access.

Best regards,

James D. Jenkins