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How to prevent prescriptive easement Arizona law. Az

Customer Question
How to prevent prescriptive...

How to prevent prescriptive easement Arizona law

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Az

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
11/15/2017
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,576
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

The owner of a piece of property can prevent a prescriptive easement (i.e. easement by use) by cutting off access to the legal trespasser and ejecting them from their land before they meet the statutorily prescribed period of time of use. In Arizona the period of time for adverse possession must be at least two years. Arizona Code §12-521 through 528.

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The other option is to grant them permission to use the route in writing prior to them obtaining easement rights, as that makes them a licensee with a license that can be revoked at any time..

.

Since that is a very short time period, a property owner must be vigilant in ejecting trespassers or they could end up with someone who can claim a legal easement.

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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