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Developer can get Easement to Landlocked Property

Question: We own a lot with a mobile home in the Apache Junction area. Our next-door neighbor has always driven over our lot to the main highway. This neighbor has now sold his lot to a developer who intends to subdivide this lot for eight homes. We have never had a problem with our neighbor driving over our lot, but we don’t want eight homeowners and their relatives and friends to be able to drive over our lot to the main highway. Can we prevent the future eight homeowners from driving over our lot?

Answer: Probably not. If there is no other access to the main highway, the developer has the right to get an easement by private condemnation. Private condemnation for an easement is similar to public condemnation for an easement, e.g., the Arizona Department of Transportation paying a landowner to condemn land for a new freeway. Therefore, if the developer acquires private condemnation for access over your lot, you should receive compensation for this access, including any loss in value of your lot because of the increased amount of traffic over your lot.

Note: Until the developer has legal access for the eight homes, the proposed subdivision will not be approved by the Arizona Department of Real Estate.

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