Can the Owner of Residential Coded Land Lock Property with Right of Necessity Easement transfer it to Commercial Company?

Asked almost 2 years ago - Scottsdale, AZ

Is the owner of a Land Lock Property in Arizona grant by Statue the Right of Necessity Easement to their property which goes Thur your property ? I think that easement would allow for access to Utilities like water , gas , electricity and egress .

Attorney answers (3)

  1. Matthew M Ellingson

    Contributor Level 13


    Lawyers agree

    Answered . This is a much trickier question than can be answered on this site. Easements of necessity for landlocked parcels requiring access are not automatically created by statute. Instead, if you can show you have such a land locked parcel, which did not become landlocked due to your own actions, you can privately condemn a section of another's land. As far as transferring the easement, I would need to know more facts, but the only likely way an easement of necessity could be transferred is if you sold your parcel to someone that did not own one of the adjacent parcels which had access.

    You should probably contact an attorney for a quick meeting about what it is that you're trying to do here.

  2. Brandon Kavanagh

    Contributor Level 12


    Lawyers agree

    Answered . I agree with the other posting attorney about this not being a good forum to answer this question. I would also note that necessity has generally been limited to access. Utilities are not a function of access to land but are instead more of a function of ability to improve land.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  3. Ryan Vancil Esq

    Contributor Level 13


    Lawyer agrees

    Answered . Possibly, but you will need to meet with an attorney from your area to review your specific rights in this situation within your state. Generally speaking if you have an access easement (even by right of necessity) that does not automatically transfer to other uses such as utilities. You may need to negotiate with the property owner over who's property the easement runs to pay for this additional easement. It might even be possible for the utility companies could assist with that cost if it is low (but that is a very outside opportunity).

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