Phoenix, AZ asked in Real Estate Law for Arizona

Q: We are representing a seller whose property is 0.5 acres & is bounded by Salt River Project and two other properties.

In essence the subject property is landlocked. What does a buyer need to do to obtain ingress & egress to the property?

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: A buyer would need to obtain an access easement from one of the adjoining landowners. In many cases, there is access that has been used over the years and turning this into legal access by obtaining an easement can often be done with the cooperation of an adjoining landowner. If there is no cooperation, legal access can be obtained by opening a private way of necessity per ARS 12-1201, et. seq. by legal action in the Superior Court.

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