Legal Question in Real Estate Law in Arizona

Real Estate - Easement

I own property in AZ w/an easement for 4 lots above me. It's a 30' right of way & utility easement. The developer of the 4 lots has graded and put in culverts without permits or approvals from the county or floodplain. He's also made the easement wider than 30' & put in utility lines and junction boxes outside easement. Now he wants me to pay to upgrade the road for his 4 lots. Easement says he is to maintain road, construct, reconstruct, improve, upgrade, adjust, readjust all roadway surfaces on easement. How do I enforce the 30' easment on private property and can he make me pay for road work?


Asked on 6/03/09, 1:19 pm

2 Answers from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Real Estate - Easement

You can sue for damages, an order requiring him to remove the utility lines and junction boxes and locate them within the easement, and for an injunction against his further encroachment on your property. You should also be able to get your reasonable attorneys fees. He cannot require you to pay for the roadway.

You must give notice to the developer immediately of his encroachments, damages and demand that he remove the utility lines, etc.

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Answered on 6/03/09, 2:13 pm
Gloria Meyer Meyer Law Office

Re: Real Estate - Easement

I agree with Donald Scher. It is very important that you take immediate action to stop the developer's encroachment on your property, or the developer may have as a defense that you were aware of his actions but failed to object until after he incurred significant expense. I also agree that you have no obligation to pay any part of the developer's expenses. You may contact me by email if you have additional questions about this matter.

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Answered on 6/03/09, 4:50 pm


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