Real Estate: Arizona/easement on private lot

Advertisement


Question
Hi Bill,

I live in Apache Junction, Arizona.  There is an easement (Federal I've been told) that runs 165' across the front edge of my property and 165 on my west neibors property.  I am the ONLY lot in need of the easement.  Problem is, my neighbors to the east use it for a "short cut" and horse traffic.  They all have access via a city maintained and paved road.  The traffic tears up the road, throws trash in my yard (horse droppings also) and occasionaly travelers use my front yard as a turn around running over my landscaping.
I would like to block the east end of the easement so there is no through traffic and it would still allow access by utilities and emergency workers to my property via the West side.
Am I justified in blocking this?  The city has already said they have no juristicion and don't care.  If needed, who would I contact at a federal level for what I can do on this dirt road?  
Needless to say, my neighbor is pissed as "I've been driving on it for 16 years now"  I've asked her to stop and she won't.

Thankyou
Packy

Answer
You are correct that the city won't get involved in this issue.  I did a little research and found no contact info for easements on the federal level.  Like you said if you did block it, you would need to still have access for utility and emergency workers.  If this became a problem with neighbors it would become a civil issue between you and the neighbors.  It might be wise to consult a real estate attorney for a small fee consultation to weigh out your options.  If your neighbor has been driving on it for 16 years that could also be hard for you to stop.  My suggestion is discuss it with attorney that works in this type of field to know your rights.  

Real Estate: Arizona

All Answers


Answers by Expert:


Ask Experts

Volunteer


Bill Iannelli

Expertise

Anything to do with residental real estate: Disclosure, title issues, buyer and seller representation, foreclosure, ethics, rentals, landlord rights, evictions, inspection, time frames, Arizona purchase contract. For buying and selling in Arizona contact me at www.realestatematters.org

Experience

27 years in the business. Broker owner of Iannelli and Associates. Radio host, expert witness and certified real estate instructor at the Arizona School of Real Estate and Business. Own my own portfolio of real estate, developer of apartments, commercial real estate and single family homes.

Organizations
National Association of Realtors, Member of both the Phoenix and Prescott multiple listing service.

Publications
Desert Advocate Newspaper Carefree Arizona. Question and answer column. Broker agent news, TV and radio stations.

Education/Credentials
Licensed Real Estate Broker, BS in Education, certified real estate instructor for the Arizona School of Real Estate.

Awards and Honors
Don't want to brag. Not important to the public. They want answers and advice not me telling them how many millions of dollars of real estate I have sold.

©2016 About.com. All rights reserved.