B
uilding a Dream Home, but Access Denied?

    My wife and I thought we had it all figured out when we purchased our lot from a developer in 2017. We envisioned a beautiful home with easy access to the main highway via a dirt road that traversed two adjacent lots. However, as construction is about to begin, our contractor has thrown a wrench into the works. It turns out our paperwork reveals a surprise: we only have access rights over one of those adjacent lots.

    The owner of the other lot, conveniently located out of state, refuses to engage with our contractor, leaving us wondering if our dream home will ever become a reality. But fear not! In most cases, property owners can assert their right to private condemnation, essentially forcing the issue through the courts. If negotiations fail, we can pursue a prescriptive easement – think of it as a court-ordered access passageway.

    The process is similar to how the Arizona Department of Transportation acquires land for new freeway projects. It's not ideal, but it's a viable option when all else fails. If you find yourself in a similar predicament, consider reaching out to real estate attorney Christopher A. Combs at [email protected] for expert guidance and support.