Skip to content

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
Followed Discussions Followed Categories Followed People Followed Locations
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

1
Posts
0
Votes
Adam NA
0
Votes |
1
Posts

Property Easment and Access legal issue questions.

Adam NA
Posted

I'm not sure where or who else to ask and as I'm sure you've all found out at some point or another speaking with any State or County agency can be hit or miss with a strong emphasis on miss.  In short, I'm interested in an old parcel (I guess they're all technically old) that has access issues.  The property is mostly a curiosity as I don't foresee any utilities EVER in the area or any real value to it.  

It's land in Arizona that was acquired via an old mining claim and over time has become surrounded by state park land on two sides with access to the property being via very old dirt roads that were likely established before cars and are 4x4 only.  One of the roads is really impossible/impractical to deal with through State park land.  The other is much easier and cuts across both State Park land and State leased land that a house and business on it.  The only side with private land bordering it is actually impossible terrain that no vehicle or ATV could handle and from what I see of the easement doesn't actually go the the property anyway.  

So my question is when establishing access on a parcel that likely pre-dates legal easements recorded with the county what's the rule of thumb?  Additionally, say there are easements for the property but they're written in over impassable terrain like a cliff or valley what prevails?  I would assume it isn't common sense in this day and age ( :

Anyway, any thoughts or help would be highly appreciated.  

Loading replies...