Buying your own home or land usually comes with a reasonable expectation of privacy and that your property belongs only to you. However, there can be situations when another party will have some legal authority to enter your land for a specific purpose. That being said, not every reason is valid, and it’s essential to find out why a person or entity believes they have a right to be on your property. This situation can be even more frustrating when it involves a neighbor. So, does my neighbor have a right to come on to my land?
When another party has a legal right to enter your land for a limited purpose, they have what is called an easement. Easements are relatively common in property ownership and can be express, meaning that they are written into a deed, contract, or another legal document connected to the property. They can also be implied by circumstances surrounding the property and its use.
When a property has an easement, it’s usually because another person or entity has to use it for a specific reason. Utility companies often have easements to come onto private property for the limited purpose of maintaining and servicing their equipment. An easement can be created by necessity, such as when a neighboring landowner has no choice but to cross another parcel to come and go from their property. There are easements for light and air that prohibit owners from building in a way that interferes with their neighbor’s view. Easements of support can exist to prevent neighbors from creating soil instability that harms or impacts adjacent properties. Prescriptive easements are created when a non-owner uses another’s property without their consent in an open, continuous, uninterrupted manner for over ten years. Easements can run with the land, meaning that they transfer with ownership, or be in gross, meaning that they attach to the easement holder.
Your Neighbor’s Access Easement
If you have a neighbor who is entering or using your property, your first question will be, why are they? Do they have an express easement that is recorded in a property deed or other document? Do they have no choice but to cross your land to get to and from the public roadway? How long have they been using your land this way? These questions are an excellent place to begin before contacting an Arizona real estate attorney to review your case.
With the assistance of an experienced Arizona real estate attorney, you can learn more about your property and any possible easements. If you believe your neighbor is improperly accessing or built a structure or fence on your property, you and your attorney can evaluate the situation and determine your remedies.
The last thing you want is to be in a long-term easement dispute with a neighbor. If you are concerned about easement issues on your property, you need to contact an Arizona real estate attorney as soon as possible to find out more about your options. Laura B. Bramnick is an experienced Arizona real estate attorney who can help you manage all aspects of your Arizona real estate matter. If you are seeking an exceptional, client-driven real estate lawyer in Scottsdale, Phoenix, Sedona, and throughout the State of Arizona, contact Laura B. Bramnick to schedule your consultation.