Legal Question in Real Estate Law in Arizona

Real Estate Easements

There is a parcel of land that has an ingress/egress/utility easement which was established on the title by a previous Seller 20 yrs. ago. The current Seller is willing to abandon that easement. However, the previous Seller wants monetary compensation before signing an abandonment. The easement serves no specific purpose at this time since ingress/egress/utilities are available from another direction. Does the previous Seller have claim to the easement if the current Seller is willing to abandon it?


Asked on 5/31/07, 7:00 pm

1 Answer from Attorneys
Brian Blum Blum Law Office, PLC

Re: Real Estate Easements

Why do you think the previous Seller has to sign? You should contact a title company and purchase a "litigation guarantee." A litigation guarantee is a document that will tell you exactly who needs to sign to eliminate the easement. If the previous Seller does not show up on the document, then you can ignore him. If he does show up, the you have to decide if you want to hire an attorney to review the litigation guarantee and make sure it's accurate, or if you want to just pay the guy what he's asking.

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Answered on 5/31/07, 7:09 pm


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