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Blocking Access Along Easement

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cdesert

Junior Member
What is the name of your state? Arizona, Maricopa County

This should be simple: my family owns property which is recognized and insured as having legal access in unincorporated Maricopa County. Our access lies along the north line of an adjacent property. This property fronts a paved, county maintained road along a section line. The owner of said parcel has installed a swinging, steel gate at the entrance to this easement as well as the end of the easement, both with locks, thereby preventing our legal access.

I have the necessary recorded deeds and evidence of legal access. What can I do, aside from calling the county Sheriff everytime I want to access my property, to convince the neighbor to remove the gates? A couple of months ago my uncle and I snapped the padlocks and opened the gates, only to have the Sheriff called on us for trespassing, and a subsequent incident report was filed. We were unable to convince the responsding deputy at the time of our legal right to access our property.

Any info, with regards to forms or documentation he can be served with short of suing the man would be helpful.

Respectfully,

Chad
 
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Ozark_Sophist

Senior Member
Remove your personal information from your post.

See a local RE attorney to review your easement and sent the subservient landowner a letter directing the removal of any and all encroachments that imped or restrict your lawful use of your deeded easement within x number of days or face legal action.
 

cdesert

Junior Member
Letter from RE Lawyer...

I figured that was the next step. I was hoping to learn of any filings/documents I could create to give the kindly neighbor.

Thanks for your advice Ozark, and I will contact a RE Lawyer.

Respectfully,

Chad
 

Ozark_Sophist

Senior Member
I figured that was the next step. I was hoping to learn of any filings/documents I could create to give the kindly neighbor.

Thanks for your advice Ozark, and I will contact a RE Lawyer.

Respectfully,

Chad
I had something similar happen to me. I had the property surveyed, title searched, etc. Showed everything to the guy and nothing changed. The letter from the attorney stirred up a real hornets nest, but the encroachments were removed.

Good luck.
 

justalayman

Senior Member
couple of months ago my uncle and I snapped the padlocks and opened the gates, only to have the Sheriff called on us for trespassing, and a subsequent incident report was filed
so what happened with this?

You may have a cause of action against the neighbor if you had legal rights to access the property.
 

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