Where can I get a copy of the Arizona law regarding prescriptive easements?
3 attorney answers
MCDot is a good place to check. http://www.mcdot.maricopa.gov/survey/SRI/publications/AZ_Surveying-BoundaryLaw/Chp7_Easements_and_Licenses.pdf .
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The primary Arizona Statutes governing prescriptive easements are found in Title 12, Ch.5, Art. 2. Basically, the law requires the same elements to establish a prescriptive easement as it does to establish a claim of ownership through adverse possession, except that prescriptive use need not be exclusive.
The elements are very case specific, so reference to the applicable case law, in addition to the statues themselves, is necessary to evaluate the merits of a potential prescriptive easement.
If the facts look good, you can demand a quit claim deed from the owner of the property under 12-1103, or the owner pays your attorneys fees to file a quiet title action to establish the prescriptive easement judicially.
This communication is intended to be for general informational purposes only. It does not constitute legal advice nor does it establish an attorney-client privilege. You should contact a qualified attorney in your jurisdiction to obtain specific advice about your situation.
Prescriptive easements are analyzed through the common law, not statutory law. There is no way to give one a definitive answer on whether or not you have a prescriptive easement before a Court's determination because a prescriptive easement by its very nature is taking away a property right of another, which cannot happen automatically upon the unilateral action of a third party (your client). The statue of limitations may bar the other property owner from enforcing his/her/its rights, but that's part of the overall analysis that has to take place.
An attorney can give you a rough probability of success on whether the easement is enforceable, but you, or your client, would need to retain an attorney to go over all of the facts in much greater detail than you can do on this site.