Types Of Easements In Arizona

State:
Arizona
Control #:
AZ-EAS-3
Format:
Word; 
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Description

To construct and maintain hereafter a public non-motorized multi-use trail, and all incidents thereto, together with the right to authorize, permit and license the use thereof for public purposes not inconsistent with its primary use as a public trail.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.


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FAQ

If your Arizona property contains an easement, you can generally use the ?servient land??the land that the easement holder uses to his or her benefit?in any way that does not interfere with the easement holder's specific, limited usage of your property. This limits what you can and cannot do with your land.

In Arizona, absent express language regarding the duty to repair or maintain an easement, the easement owners share the obligation. This means that easement holders who incur expenses can ask other easement holders to pay some of the costs associated with maintaining or repairing the easement.

As a conveyance of a real property interest, an easement in Arizona should be signed by the grantor, duly acknowledged, and then recorded ing to law. The easement should be recorded in the county where the property which is the subject of the easement is located.

A prescriptive easement transfers the right to use property that is owned by another, but title to the property remains with the original owner. To establish a prescriptive easement requires open, notorious, hostile and continuous use of the land for a ten-year period.

Easements in Arizona An easement appurtenant is one that benefits the adjoining land regardless of who owns that land. An easement appurtenant attaches to and runs with the land. This means that when title to the property is transferred to another, the easement is not extinguished.

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Easements typically fall into one of four categories that courts in Arizona and other states have recognized as creating enforceable easement rights: These include the following: (1) right-of-way easements; (2) easements of support; (3) easements of "light and air"; and (4) easements pertaining to artificial waterways. This section will discuss how prescriptive easements are created in Arizona and how they are located.There are numerous forms of easements in Arizona. Express and Implied Easements. Under Arizona law, you can establish an easement in several different ways. TRT 00064, CMOD Packet Cover Page. 2. Easements may be divided into two broad classes: easements appurtenant and easements in gross. ____ Drainage Easement – (Complete supplement "RW-D"). Most types of easements are affirmative, which means that they allow the use of another's land. 11-Jun-2019 — Easements can be prescriptive, customary, quasi and of necessity.

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Types Of Easements In Arizona