Real Estate Atty for an easement issue

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zonie77

Member
Joined
Jun 10, 2018
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264
Location
Cave Creek
Since this is the best place to get legal advice I'll start here. LOL

I have some questions about an easement and probably need a lawyer to answer them. Has anyone used a real Estate atty in AZ and would recommend them or recommend not using a particular one?

An easement got recorded on land I own but the person never contacted me and I don't agree with the easement they want.
 
I was able to save money in a situation like this and had a surveyor check it all out.
He knew how to check all the records, but it was about $100/hour rather than a lot more for a lawyer.
 
All easements have to be registered to be legal.
You can go down to the county and look it up.
It might take a few hours of research , but if it is registered all the information should be there.
It should also be on your dead.
It is possible that if the easement was registered before you bought the property it wasn't put on your dead.
If that is so then look up the previous owners dead. Depending on when it was registered you might have to go back several owners.
It can take a lot of research to find it , and get real costly if you hire it out.

It could also be on your neighbors dead or the previous owners of that property.

I went through this a year or so ago for an easement to my well when the property that led to it was sold.
It took a lot of research and money , but I eventually proved it was mine.
 
if the easement was recorded by the rightful owner it would have been caught by the title search when you bought the land- if not...
 
It's unfortunate that someone acquired an easement on the OP's property. It doesn't seem right but it is perfectly legal. I'm guessing they had been crossing over the property for a long time and now they have a legal right to do so. Kinda shitty but it happens
 
Java Junkie said:
It's unfortunate that someone acquired an easement on the OP's property. It doesn't seem right but it is perfectly legal. I'm guessing they had been crossing over the property for a long time and now they have a legal right to do so. Kinda shitty but it happens
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Yes, he put in a lot more than access which is why we are looking for a lawyer. He never contacted us either.
 
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