The Karmic Owl's Claw
it starts here:
Dear Mr. And Mrs. HU-mYn
This law firm has been retained by XX XXXX Title to represent its insureds...XXXX
It is my understanding that you have taken the position that the XXXX are not entitled to use the above...referenced roadway easement, and have threatened to block their access to its use.
We have researched the records with the Pinal County Recorder's Office and stopped when we were able to trace the easement as far back as 1958. Your original Deed to Lot XX 'expressly provides that the conveyance is subject to "Easement and rights, incident thereto for road purposes over the south thirty feet and the east thirty feet of said premises." Most recently, you recorded a Quitclaim to Joint Tenancy Deed on XXXXXXX which acknowledges a portion of the easement. As the serviant property owner in an easement situation, neither you nor your predecessors can unilaterally terminate a roadway easement.
Pursuant to the provisions of A.R.S.§12-1103, you are hereby tendered a Right of Way Easement for Ingress and Egress ("Easement"), and a check in the sum of $10.00, for thepurpose of confirming the XXXXX's, their successors and assigns, the right of access to the roadway easement. Please sign the Easement and return it to me in the enclosed self addressed stamped envelope. Your signature must be notarized.
Arizona law requires that the enclosed Easement be tendered to you prior to the filing of a quiet title action in order to preserve my clients' right to collect attorneys' fees in the event you contest the quiet title action. Arizona law further provides that if you do not return the Deed within twenty (20) days from the date of this letter, my client will be entitled to recover attorney's fees and costs from you in the event they are the successful party in the lawsuit.
The story will continue as it unfolds and i get time....