Can an AZ Landowner Build A Road to Landlock a Property?

Question: In 2017 my wife and I bought a lot in the Rio Verde area from a developer. We
thought that there was access to our lot from a dirt road over two adjacent lots to
the main highway. We are now ready to build a home on our lot, but our contractor
states that our paperwork shows that we only have the right of access over one of
the adjacent lots. The owner of the other adjacent lot lives in Wisconsin and refuses
to even talk to our contractor. Will we be able to build our home?

Answer: Probably: Unless a lot owner voluntarily and knowingly landlocks his lot, that lot
owner has the right of private condemnation. In other words, if you can’t negotiate
access with the lot owner in Wisconsin, you have the right to get a Court Order to
pay for a prescriptive easement for reasonable access to the main highway.

Note: the legal process is similar to the Arizona Department of Transportation (ADOT)
condemning land for a new freeway.

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