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Recognizing an implicit easement
Good Morning and thanks in advance for any comments or suggestions.
We own a parcel of land in Arizona. The parcel is home to eight trailer spaces six of which access their front doors, carports, their space in general from a public road. Half of our parcel has a privately owned tract, not big enough to build any substantial structure, wedged in between four of our trailer spaces and the public road. The tract in question was recently noted on a 2009 Plat Map and survey done as part of a redevelopment project which did not include our parcel. The 2009 plat dedications say it is to be used for utilities, parking, trash collection and landscaping. My family and our respective tenants have been crossing over the tract with our cars, boat trailers, parking on it, kids playing on it etc since 1978. This pattern of use was occurring even before we bought the parcel. We essentially did not know the tract existed at the time we purchased our parcel in 1978, and I question if it actually did- in other words was actually officially recorded as a seperate tract. I think it was part of the larger private development (i.e, not separated out) but now know due to the 2009 plat, and the fact that the ‘climate’ down there has gone from friendly vacationers and permanent residents (mostly retirees) to one of a land grab with people (mostly small time california developers and people with money trying to grab a piece of the action. We are concerned that tract H whcih was conveyed to a private company will try to physically and legally block our access. I am 90% sure we have a prescriptive easement but my question is this.
Did the surveyor violate any laws or our rights by not recognizing our ‘implicit’, if you want to call it that easement?
The use is open, hostile and has been for 50 years plus. The need for the easement is obvious because of the cars, trailers and residences, power lines etc. It seems to me a gross oversight on their part. Also, the reason they dedicated it to the developer and dedicated it for parking, was twofold. 1.) The developement plan required additional parking to get there plan through the county even though they (owner/developer never used it for parking purposes and 2). The surveyor/civil engineer had business relationship with the owner going beyond just providing civil engineering and surveying services…..he was quietly being given the lots, building the homes, then when they sold, paying off the owner for the lot so he had a lot of incentive to claim that tract the exclusive property of the developer, dedicate it for parking, and, ignore the fact that we had an need for easement there, even if not officially recorded .
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