Rights of way and easements are not that uncommon in Arizona. Most likely we all know someone that accesses their property by traveling across someone else’s property through an easement. If you have a property that is set back from a main street or road, you may have an easement for your driveway to get to your property. Property easements may be a crucial part of real estate transactions. There are a lot of property transactions that would never have gone through if not for the integration of an easement right.
Easements may be created in several different ways, but easements are usually granted in deeds and by other recordable means. A well-written easement includes an in-depth description of its location, legal boundaries, and the planned purpose of the easement. Arizona courts have continually ruled that, when boundaries of an easement are obviously described, the easement’s owner has the right to use the whole area of the easement and isn’t limited to what is convenient or required. Furthermore, they have also ruled that the owner of the property that has an easement running over it doesn’t have the right to impair or block the effectual use of their easement.
Additionally, it isn’t that uncommon to see easement deeds that are vague or unclear about its planned use, its size and the location of the easement. Regrettably, uncertainty over the boundary’s locations or the appropriate use of an easement may result in highly strained and hot-blooded legal disputes among neighbors and friends.
When there is a dispute with a neighbor or friend over the rightful use an easement, or the appropriate use of the easement, you’ll need an attorney that has an understanding of the law, and that also has an understanding of the emotional and financial stress that boundary disputes can put on friends, neighbors, and property owners alike. Craig Cherney, Esq. understands these matters and has experience settling easement-related disputes. His experience of Real Estate and Civil Litigation gives him the unparalleled ability to handle your case efficiently and effectively. He will assist you in finding cost-effective and creative solutions.
- Dandreta, Avery, and Braden Clement. “What Can I Do When My Neighbor Tries to Block My Right of Way?” Skelton Taintor & Abbott, 22 Aug. 2019, www.sta-law.com/2019/02/what-can-i-do-when-my-neighbor-tries-to-block-my-right-of-way/.
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Disclaimer: This Post Is Not Legal Advice.
You should not ever depend on an online post for legal advice as the law and codes changes often, information sometimes might not be accurate, there can be exceptions to the rule, and wholesale reliance on such matters could be damaging. Always consult with experienced attorneys for current, effective, and factual legal advice.