Legal Question in Real Estate Law in Arizona

easement for ingress/egress

My property deed clearly states,''easement for ingress and egress'' on it, my neighbors have hired an attorney who sent a nasty letter informing me there is no easement. The property between us also shows an easement to exist. I have a property description of the neighbor who sent the letter and it shows nothing about an easement through their land. Who is right and how do I get the ingress/egress easement open to use. I have also turned this over to the title insurance co. to settle. Thanks.


Asked on 9/27/07, 11:03 pm

2 Answers from Attorneys
Brian Blum Blum Law Office, PLC

Re: easement for ingress/egress

Easement issues can get complicated. I suggest you hire an attorney to review your case and advise you on how to proceed. I offer free initial consultations. Good luck.

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Answered on 9/28/07, 12:53 am
James Jenkins Jenkins Law Center PLC

Re: easement for ingress/egress

I would have to review all deeds and documents, and the plat of the area. Did you get a survey when you brought the land?

Land is not supposed to be subdivided without providing a right-of-way to enter. Otherwise, you are landlocked with no use of your property. I am betting that if a search is done, it will prove that before the current owner's deed (the guy who is disputing the easement) there was an easement.

In previous cases like this I have been successful in getting the title insurance company to pay the attorney's fees required to get it resolved. You are correct to notify them, but ultimately without ingress and egress your land is useless.

See an attorney with all the deeds and documents you have. You are always welcome to speak with me in a free, no obligation consultation which is arranged by calling 480.935.1500.

Best regards,

James D. Jenkins

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Answered on 9/28/07, 10:58 am


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