private road

What is the name of your state? Arizona
a private road goes down the east side of our property. We have checked with the city/county and this road is not dedicated. It has been used for years by a few residents to the south of us that never developed a road on their easements - it was easier to drive across our property to access the paved road to the north of us. The city told us we can put a fence on our property line - we will not "landlock" anyone by doing this. I'm sure this road has been in place for at least 20 years. Can we legally put a fence on this property line without legal ramifications for area residents? We bought this land two years ago and have build a house and would like to recapture the land we have paid for. We also worry that we could be sued if anyone should have an accident on this road, since it is on our property. Can you advise us?
Thanks
Debbie

Put the fence one inch inside the surveyed property line. Then if the residents don't like it, they can pay the expense for explaining to a judge why you do not have the right to do as you wish on your own land.

BelizeBreeze said:

Put the fence one inch inside the surveyed property line. Then if the residents don't like it, they can pay the expense for explaining to a judge why you do not have the right to do as you wish on your own land.

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Agreed, with heavy emphasis on SURVEY.

Make sure the surveyor knows EXACTLY what you need this survey for.

thanks for the reply. We had a survey done a year ago, when preparing to build our house, so we know EXACTLY where the property line is (nails are in place).
Thanks again for the advice.
Debbie

DBook said:

thanks for the reply. We had a survey done a year ago, when preparing to build our house, so we know EXACTLY where the property line is (nails are in place).
Thanks again for the advice.
Debbie

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And the survey you had done was for a FENCE!?


Check now before it is too late....

Private road

I'm sorry, I didn't know you had to do a survey for a fence. Just assumed the survey to build the house was ok. Thanks for your reply. Another question - I know there's a legal term for this, don't know what it is, but if this road has been driven on for 20 something years, is it considered owned by the city because it wasn't claimed as private property years ago?
Thanks in advance. Ya'll have been great to answer these questions.
Debbie

The correct terminology is "prescriptive easement". Can anyone tell me what the statute is here in Arizona? If its over 15 years, I guess I've lost my land.
Thanks
Debbie

DBook said:

The correct terminology is "prescriptive easement". Can anyone tell me what the statute is here in Arizona? If its over 15 years, I guess I've lost my land.
Thanks
Debbie

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Not necessarily. Permission (which you and your predecessors will claim) never ripens into adverse possession. See a lawyer.

thanks everyone. I have an appt. with a lawyer tomorrow...
Debbie