Legal Question in Real Estate Law in Arizona

Easement

My neighbor recently received a letter to comply from the county for not obtaining a permit for her property fencing and horse barn. During the development of her plans for submission, she was told that her barn needed to be 30 feet from my property; however, it is only 9 feet. Therefore, she asked for an easement to my property so that she did not need to move her barn. I have the following related questions before I even consider this option. 1. What type of easement would be needed? 2. What would be the size of the easement? 21 feet? 3. Would I be able to fence the easement or does it need to be open access? 4. Would set back requirements apply to the easement? 5. Will the easement reduce the property size? 6. Will the easement reduce the property value? 7. Do I need permission from my morgage company to provide an easement?

Thanks for your response.


Asked on 6/14/07, 5:30 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Easement

Lots of questions and a serious matter for a quick, free opinion. I will make a stab.

1. Facts presented are inadequate.

2. Can't say without study of the property and more facts.

3. Depends on the type of easement.

4. Probably.

5. No, but will reduce the rights and affect the property, so be extremely cautious and get professional help.

6. Possibly and probably.

7. Hard to say. If you grant an easement, it does not supersede the "mortgage" and your contract with the lender may prohibit what you contemplate, since they have a collateral security interest in the property.

Have this professionally done, and make the neighbor pay for it.

Read more
Answered on 6/20/07, 11:08 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Arizona