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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 47106
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I bought property in Shumway Az, and it is land locked, there

Customer Question

I bought property in Shumway Az, and it is land locked, there are no recorded easements, there is a front lot that is fenced (sm triangle) which the neighbor does not use. How can I get access to my property?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Courts will not allow a property in your situation to be landlocked. If your neighbor(s) will not voluntarily give you an ingress/egress easement, then you will want to file a suit to quiet title asking the court to grant you an easement by necessity. An easement by necessity is an easement granted by a court for property that would otherwise have no access in situations exactly like yours. Once the court grants this easement, the order can be recorded in the real property records of the city/county in which your property is located and it will be as if the neighbor granted the easement. You will be allowed full access to your property. At that point, if the applicable neighbor tries to block your access, he will be held in contempt of court and subject to civil and/or criminal sanctions.



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Customer: replied 1 year ago.

What other "gotcha's" might I have? What Steps should be taken before the "Quiet Title" is filed?

Expert:  Richard replied 1 year ago.
Thanks for following up. You would want to first send a letter by certified mail addressed to all the property owners who could provide access to your property and let them know that if someone does not provide access within a short specified period of time, you will be filing this suit. This could result in them capitulating so you don't have to file the suit. Typically, even if you have to file the suit, the mere filing of the suit is sufficient to cause the neighbor whose property would be the most direct route to access to settle this without the hearing. Otherwise, you'll need to file the suit to get your access.
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 47106
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 7 other Real Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!

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