Gulotta v. Triano

OPINION

RICHMOND, Judge.

The question on this appeal is whether one who has landlocked his property by voluntary alienation of a means of ingress and egress may thereafter acquire a private way of necessity over other land by condemnation under A.R.S. § 12-1202.

Plaintiffs owned and operated a delicatessen fronting on Tanque Verde Road in Tucson. The business was located on a parcel of land extending south and to the west behind a liquor store next door to the delicatessen. On September 27, 1976, they entered into a written agreement to sell the delicatessen and so much of the land as lay north…