Feel free to link to this page
Arizona Real Estate Law
by Christopher A. Combs
The following is for informational purposes
only and is not intended as definitive legal or tax advice. You
should not act upon this information without seeking independent
legal counsel. If you desire legal, tax or other professional advice,
please contact your attorney, tax advisor or other professional
consultant.
Enforcement of Easement Rights Available with Court Intervention
Question: When we purchased our home in the Payson area two years ago, our deed granted us a twenty-foot easement for ingress and egress/utilities over our neighbor’s lot. Our neighbor has now built a home on this lot, and acts like this easement is "his" land. He uses this easement as his personal parking lot for any visitors, which makes it difficult for us to get to our home. Furthermore, larger vehicles such as utility repair vehicles and emergency vehicles cannot use this easement at all. I am very concerned that one day we will have a fire or a medical emergency, and help will not be able to get to us. What can we do to keep this easement open at all times?
Answer: Although your neighbor still owns the land underneath the easement, your neighbor cannot unreasonably interfere with your use of this easement for ingress and egress/utilities. The parking of vehicles in this easement is probably an unreasonable interference. Therefore, if your neighbor will not act reasonably because he is parking vehicles in this easement, you are entitled to go to court to enforce your right to reasonable use of this easement. Furthermore, if you do not enforce your right to prohibit the parking of vehicles in the easement, after ten years your neighbor may acquire the right to park vehicles in this easement.
|
|
|
|
Arizona Homes for
Sale
MLS homes in metro Phoenix AZ. Addresses shown! No registration.
Easy. Free.
ArizonaHomesCatalog.com
Just Listed Arizona
Homes
Free emails of "Just Listed" Arizona homes. The key to
finding a great home!
ArizonaHomesCatalog.com
|
|
|
