John Hollas, Home Buyer in Surprise, AZ

buying a reo an easement on the lot in front is recorded wrong its on the east side an not the west side

Asked by John Hollas, Surprise, AZ Tue Apr 7, 2009

so there is no legal actress unless i build a new road, the former owners own the front lot an used the utility easement witch im trying to get the bank to change they want me to buy the front lot too. my question is are they required to give me legal access,my 25 k deposit is not refundiable. john

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Loren Green, Other Pro, Buckeye, AZ
Mon Apr 13, 2009

I would go to the AHJ (authority having jurustiction). It may be the city of Surprise or Maricopa County. They typically do not approve the permit to build the house unless the house faces the easement from the adjacent property. The seller is required to show legal access in order to split the lots prior to getting a building permit. If the seller owns the front lot and is using the east side it should be easy to get the seller to change the easement. When you go to the AHJ, show them the arial photo and take a new plot plan showing where you and the owner of the front lot want the easement to be. The AHJ will either force the owner of the front lot to remove any obstructions to access on the west side or grant a change to the east side. If the owner of the front lot has something blocking access on the East side then that gives you some bargaining power.

It really depends on the orientation of the houses. If your house faces West then get a backhoe and a load of abc and cut a road on the West side. If it faces East then get the easement changed.

Good luck with your purchase.

Loren Green
Greens Home Design L.L.C.
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David - Appr…, , Maricopa, AZ
Wed Apr 8, 2009
It is my understanding, in Arizona, you cannot sell a land locked parcel (one without access). As Jay stated, you may want to consult with an Attorney and I agree, this issue should have been discovered, revealed and discussed prior to making an offer and sales agreement.
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