Tombstone, AZ asked in Real Estate Law for Arizona

Q: Do I have to grant an easement for ingress and egress on a old unused dirt tract when its not on my deed?

I have owned a patented mining claim outside of Tombstone, AZ for 10 years. There are no easements recorded on my deed but 3 years after I bought my property a guy showed up saying I have to grant him access. He had just bought two claims at that time.

I told him then that I would not give him access since the old (1881) road was not accessible and very dangerous and I wasn’t aware of any easements on my deed. I eventually (4/5 years ago) installed gates at 3 areas of the north end of my land to keep out people that were ignoring my no trespassing signs and going up the road. It would be much easier and cheaper for this guy to get access from BLM and go around my land.

I just today received in the mail a certified mailing demanding I recognize their right to use the so called roadway. They enclosed a Quitclaim deed and a check for $5 if I sign it. They want a 30 ft wide by 1500 ft. long easement through my property. I have to assume they want to widen and totally remake this ol

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1 Lawyer Answer
Adam Martinez
Adam Martinez
Answered
  • Mesa, AZ
  • Licensed in Arizona

A: If there are no express (or recorded) easements giving the person a right of access to your property, then you are probably not entitled to grant any easements. There are a couple of exceptions, such as a, implied or prescriptive easement (adverse possession), but it does not sound like those exceptions apply here. Still, by sending you a certified letter requesting that you execute a quit claim deed, along with a check for $5.00, the person is preparing to file a lawsuit against you to establish the easement. See A.R.S. 12-1103(B). Therefore, you should immediately obtain legal representation, and should send your own letter and quit claim deed to the opposing party pursuant to A.R.S. 12-1103(B) to establish your right to attorneys fees.

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