My question involves real estate located in the State of: Arizona
I live in a rural subdivision. There were easements established when the property was subdivided. All of our roads are easements. A developer that owns a parcel on the other side of ours wants to use the easement to access his property The easement states this:
The current and future owners of the parcels shown on .EXHIBIT "A" , hereafter called Grantees, their heirs and assigns, a
non-exclusive right-of-way and easement. for ingress, egress and utilities, on, over, under and across the following described property:
SEE EXHIBIT "A" and "B" ATTACHED HERETO and made a part hereof.
This easement is granted for the use and benefit of Grantees, as owners of the following described property:
All parcels as shown on EXHIBIT "A" attached hereto.
This easement is granted for the use and benefit of Grantees, their heirs and assigns, and said casement shall be appurtenant, to and run with the title to the property of the Grantees described above. Nothing contained herein shall be construed to be a convoyance of the fee simple title.
To have and to hold the above described right-of-way and easement unto the said Grantees and their heirs and assigns forever.
My opinion is the easement as written is for the benefit of the property owners in the subdivision and was never intended or allowed to be used by another property owner for development and access of his property. This property owner is not land locked and has another means of access. Of course the neighbors at his legal access point are not happy with him either. He has of course promised to fix the dirt road etc.No other owner I have spoken with has any interest in allowing access. Thank you for any input.
I live in a rural subdivision. There were easements established when the property was subdivided. All of our roads are easements. A developer that owns a parcel on the other side of ours wants to use the easement to access his property The easement states this:
The current and future owners of the parcels shown on .EXHIBIT "A" , hereafter called Grantees, their heirs and assigns, a
non-exclusive right-of-way and easement. for ingress, egress and utilities, on, over, under and across the following described property:
SEE EXHIBIT "A" and "B" ATTACHED HERETO and made a part hereof.
This easement is granted for the use and benefit of Grantees, as owners of the following described property:
All parcels as shown on EXHIBIT "A" attached hereto.
This easement is granted for the use and benefit of Grantees, their heirs and assigns, and said casement shall be appurtenant, to and run with the title to the property of the Grantees described above. Nothing contained herein shall be construed to be a convoyance of the fee simple title.
To have and to hold the above described right-of-way and easement unto the said Grantees and their heirs and assigns forever.
My opinion is the easement as written is for the benefit of the property owners in the subdivision and was never intended or allowed to be used by another property owner for development and access of his property. This property owner is not land locked and has another means of access. Of course the neighbors at his legal access point are not happy with him either. He has of course promised to fix the dirt road etc.No other owner I have spoken with has any interest in allowing access. Thank you for any input.
Use and Enforcement: Neighbor Wants to Use Our Easement to Access His Property
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