Legal Question in Real Estate Law in Arizona

Hello, I purchased a 70 acre farm approximately 1 year ago. The property is approximately 1/4 mile from a public highway (named kings highway). There is a road from kings highway to my property named fimbres road. The road goes from kings highway then through the middle of my property approximately 40 acres until it goes to the east side of the rest of my property 30 acres. The road continues and contacts to another property to the south of my property (55 acre property). When I purchased the land, the realtor as well as the title agency advised that fimbres road only belonged to the property I was purchasing (70 acre farm). I have looked over the paper work on the property I purchased and there is no information indicating that there are any easements on that road what so ever.

About one week ago, I was contacted by the owners who have recently purchased the property located to the south of my property (55 acre property) who stated that they purchased the land approximately 1 month ago. They stated that they wanted to put there own lock on my gate (which is located on the northwest corner of my property). They advised me that they planned on building multiple facilities and start planting on their property (55 acre property), therefore they would have a lot of workers using fimbres road. They advised me that they had an easement on fimbres road and had the right to go through my property. I told them that I had no knowledge of such easement and asked for a legal document which they have not provided yet. I explained that I didn't want people using the road because the road goes right through the middle of my property. I have cattle and horses on the pasture land. I also have tools and equipment on the land, therefor I am really not comfortable with anybody going right through the middle of my property.

I called the county highway and floodplain department and they advised me that the southern property (55 acre property) was landlocked with my property and that an old easement was on fimbres road from Kings highway to the northwest corner of my property (which I put a locked gate) and that there was no easement on any part of my property. They also mentioned that since fimbres road was the only route to their property I could not prohibit them from using fimbres road. They stated that I could not land lock them by not letting them use fimbres road, even though it goes right through the middle of my property. The county also state that the owners of the 55 acre property were not obligated to search for another route. I talked to the title agency, which advised that they had not record of any easements or roads on my property (70 acre farm).

What are my options? Do I have any rights as a property owner to stop the use of this road that goes through the middle of my property?


Asked on 1/17/14, 12:51 pm

1 Answer from Attorneys

Riley Snow The Law Office of Riley S. Snow PLC

I would need to get some more information from you and to review the relevant title documents. However, it may be that your neighbors do not have an absolute right to Fimbres Road. Of, if they do, it may be limited by their prior use. Therefore, their significantly increased traffic would not be allowed.

Feel free to contact me to discuss the matter further.

-Riley Snow

(480) 477-6311

[email protected]

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Answered on 1/17/14, 8:20 pm


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