Christopher A. CombsQuestion: In 2017, my wife and I bought a lot 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 out of state 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 out-of-state lot owner, 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 condemning land for a new freeway. Contact real estate attorney Christopher A. Combs at chris@combslawgroup.com.Need a break? Play the USA TODAY Daily Crossword Puzzle.
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