Arizona.
There is a road without a recorded easement that passes through my property, several of my neighbors' properties and land owned by the state of Arizona before it connects with a public highway. ARS 12-510 prevents anyone from claiming prescription on state land, so prescription can not be used to legalize the road all the way to the highway. My neighbor uses the road on my property and the state land to access the highway. Assuming he satisifies all the other requirements, can my neighbor get a prescriptive easement on the private property segments of the road even though they don't go anywhere without the state portions? Granite Beach Holdings v. WA DNR (2000) says no for Washington state, but does it apply in Arizona? Does anyone know of a case law in Arizona dealing with a prescriptive easement on a road that passes through private and state land?What is the name of your state?
There is a road without a recorded easement that passes through my property, several of my neighbors' properties and land owned by the state of Arizona before it connects with a public highway. ARS 12-510 prevents anyone from claiming prescription on state land, so prescription can not be used to legalize the road all the way to the highway. My neighbor uses the road on my property and the state land to access the highway. Assuming he satisifies all the other requirements, can my neighbor get a prescriptive easement on the private property segments of the road even though they don't go anywhere without the state portions? Granite Beach Holdings v. WA DNR (2000) says no for Washington state, but does it apply in Arizona? Does anyone know of a case law in Arizona dealing with a prescriptive easement on a road that passes through private and state land?What is the name of your state?