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easment rights

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jimkohl

Junior Member
What is the name of your state? Arizona
I live on a road with non-exclusive easments for ingress and egress.The road has been there for less than 10 years, but the easments have been in place for about 12 years.The roadway easments were never granted to the property owners on the other side of the road. They say they have prescriptive rights. Do they under Arizona law? There is also an ongoing battle about who actually can legally use the road. I have ariel photos to prove when the road was not there.They also have easments over their land for ingress and ingress, but no roadway. Can I stop them from using the road?
 
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John Se

Member
I was in a similar situation

Unless they are landlocked thier easement by proscription claim will not hold up and it will cost them money to fight (see how that works). You need to fence and control and defend you and your neighbors common easement, gate it lock it do whatever you need to only allow access by those whom have been granted this easement in their deeds.
 

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