Legal access to vacant land
Physical access is not the same as legal access. Learn the difference between a dirt road, an easement, and a recorded right of way, and why legal access is one of the first things to verify on any parcel.
Overview
A parcel you can drive to is not necessarily a parcel with legal access. Legal access is a recorded right to enter and exit the property, usually through an easement or a dedicated road. Without it, a parcel can be effectively landlocked, which affects value, financing, and buildability. This guide explains the categories of access and what to confirm for a specific parcel.
Physical access versus legal access
A dirt road or a path across a neighbor's land is physical access. Legal access is a recorded right, typically an easement, that survives a sale. A parcel with physical access but no legal access can be difficult to finance, insure, or build on. Confirm legal, recorded access for the specific parcel.
Easements and rights of way
An easement is a recorded right to use another property for a specific purpose, such as access. A right of way is a type of easement for passage. Easements should be recorded with the county and should describe the scope and location. Confirm the existence, location, and scope of any access easement for the specific parcel.
Road ownership and maintenance
Roads may be public, private, or part of a road maintenance association. A public road is maintained by the county or state. A private road may be maintained by an agreement among landowners, and without one, maintenance can become a dispute. Confirm road ownership and any maintenance agreement for the specific parcel.
Seasonal access
Some roads in the surrounding high desert and mountain areas are seasonal and may be impassable at certain times of year due to snow, mud, or washout. For a buyer who needs year-round access, confirm whether the access road is maintained year-round for the specific parcel.
Verify with the right authority
These factors are parcel specific. Confirm each one with the responsible agency or licensed professional before relying on it for a purchase or build decision.
- Yavapai County Recorder for recorded easements and rights of way
- Yavapai County Public Works for road status and maintenance
- A title professional for an access determination on the specific parcel
Common questions
Legal access is a recorded right to enter and exit a parcel, usually through an easement or a dedicated road. Physical access, like a dirt road, is not the same as legal access. A parcel without legal, recorded access can be difficult to finance, insure, or build on. Confirm legal access for the specific parcel with the county recorder and a title professional.
An easement is a recorded right to use another property for a specific purpose, such as access. Easements should be recorded with the county and describe their scope and location. Confirm the existence, location, and scope of any access easement for the specific parcel.
Private roads may be maintained by an agreement among landowners, a road maintenance association, or no one. Without a recorded maintenance agreement, upkeep can become a dispute. Confirm road ownership and any maintenance agreement for the specific parcel.
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