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Burris & MacOmber, PLLC > Articles > Property Law > Blocking of Easement Upheld

- Blocking of Easement Upheld -

Last August, In IB Property Holdings, LLC v. Rancho Del Mar Apartments, LP, Division Two of the Arizona Court of Appeals upheld a preliminary injunction against the owner of one phase of adjoining apartment projects, in favor of the owner of the other project.  IB sued to enjoin Rancho from blocking access to Bilby Road from its apartments, relying on an easement for pedestrian and vehicular access.  Rancho lost in the trial court and appealed on the grounds that the easement was intended to be used solely by emergency vehicles.  The Court of Appeals rejected the various allegations of Rancho justifying its interpretation of the easement on the grounds of the statute of frauds.  The Court of Appeals found that Rancho’s evidence was not offered to interpret the easement, but to alter the language of the easement from passenger vehicles to emergency vehicles.  Ultimately, the Court of Appeals upheld the trial court’s injunction against Rancho blocking access to IB’s apartments from Bilby Road.

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