Legal Question in Real Estate Law in Arizona

Re: vacant land

I would say that the first thing you should do is think of this kind of trespass less as a potential liability issue and more as a possible prescriptive easement problem for you.

On the insurance matter, consult with the agent who has sold you your homeowner policy to see to what extent that policy protects you for other land, viz., this vacant land. Some fairly broad policies will give you some coverage, and you can buy more. Consider an umbrella policy, and make sure your insurer knows about your undeveloped land, its location, etc. and have them verify liability coverage in an amount you feel comfortable with.

Now, as to possible easements, check your title insurance to see if the supposed trespasser might actually have an easement. If not, consider warning them not to trespass, then erecting signs and, if necessary, a physical barrier such as a fence and gate. Avoid force or threats of force and do not create a dangerous condition!

You may need to consult with an attorney regarding remedies in a court of law for trespass to land and details on how to prevent an easement to arise through prescription.

Re: vacant land

As a preliminary matter, you should always have liability insurance on the property itself. Check with your local insurance broker for the best product for you.

As for your potential liability to trespassers, the days of absolute immunity are gone. You are required to take reasonable measures to prevent injury by those coming on your land -- and that includes anticipated trespassers. There are some limited protections under specific circumstances (e.g. recreational use immunity), but those are legal defenses after you've already been sued. The best course of action to examine property, eliminate unreasonable risks (e.g. open wells), warn potential trespassers of risks with perimeter signage, and if possible, gate or fence off areas of concern.

Also, if others have been and continue to use your property for ingress, you should also be concerned about their gaining an easement by prescription. Before they use a road/path regularly for five (5) years and you must interrupt that use (e.g. installing a gate or fence across pathway) or by posting sign permitting that limited use. If you concerns about establishment of prescriptive easements, I recommend that you consult with a local real estate attorney.

Re: vacant land

An attorney who advises you on matters of Arizona law who is not licensed to practice law in Arizona is practicing law without a license. This is a misdemeanor in Arizona, and it does not matter if the attorney provides the advice via the internet.

Although you have indicated that you are located in California, I would seek the advice of an Arizona attorney for real property located in Arizona.

As a former resident of Arizona and an attorney licensed in California, I can tell you that California's laws are much different than Arizona. I would advise you to either repost to an Arizona forum or seek the advice of an attorney licensed in Arizona.

Any advice previously posted is for California and may not apply in the great state of Arizona.

Very truly yours,

Re: vacant land

I agree with Mr. Roach's observation - my prior response was based upon the assumption that the land is located in CA. If the land is in AZ, CA law is of little importance.

Re: vacant land

Arizona attorney says:

1. Fence it in.

2. Post "No Trespassing" signs.

3. Fix dangerous conditions that may not be open and obvious.

4. Do not maintain attractive nuisances for children.

5. check your homeowner's insurance to see if it covers the lot.

6. Remove features that might hurt someone.