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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118247
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My mother-in-law purchased a summer home in Payson Az

Customer Question

My mother-in-law purchased a summer home in Payson Az several years ago. there is an easement behind her property that was created by the town of Payson for access to a well and utilties. she is wanting to put a gate in to have access to her back yard, but the people behind her says that she doesn't have the right to do so. she, along with others on this easement have signed over 15' of land for this easement. My question is, can she gain access to her property by this alley?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Arizona
JA: Has any paperwork been filed?
Customer: she owns the property and has deed
JA: Anything else you want the lawyer to know before I connect you?
Customer: not really. she's ready to put in a gate and has met with objections with her neighbor. we just want to know what her rights would be.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
She is not allowed to impair any easements. If the easement is for access to well and utilities, she cannot impair that easement from use by the easement owners. If the easement is specifically a utility easement, then she cannot use the easement for any other reason. She can use her own property, but not the easement if it is solely for the use of the utilities.
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