Can you trespass on an easement?

An easement owner cannot claim another party has trespassed on their easement, because trespass involves interference with the plaintiff's exclusive possession. Easement holders do not have a right to exclusive possession. They may claim nuisance, but only if the interference is substantial and unreasonable.

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Arizona Abandonment of Easement

Abandon Easement

Name: Arizona Abandonment of Easement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.86 (423 reviews)

Category:

Arizona Real Estate - Easements and Rights of Way

State:

Arizona

Control #:

AZ-001LRS

Format:

Instant download

Description

A particular existing easement is abandoned and terminated by the user or servient estate of that easement.

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FAQ

If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.

The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.

You can expressly terminate an easement just like you can expressly create one. The dominant owner can release the easement by deed, thereby extinguishing it. Or the dominant owner can transfer the easement by deed to the servient owner.

Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.

You can terminate an easement by release. A release is a surrender of a right or interest, such as an easement. Only the person holding the right can release it, such as the owner of the dominant estate in an easement appurtenant or the holder of an easement in gross.

An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.A, without the consent of B and C, release the easement.

Where the facts support it, an easement, even one specifically granted, may be considered to have lapsed.

An easement owner cannot claim another party has trespassed on their easement, because trespass involves interference with the plaintiff's exclusive possession. Easement holders do not have a right to exclusive possession. They may claim nuisance, but only if the interference is substantial and unreasonable.

So, having an easement on a property may have a permanent outcome on the property with rights of the home owner. But not all easements are bad.If you live in a rural area, you run into bad easement issues more often, typically where the easement was created by a parcel owner next to your land.

Abandon Easement

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FAQ

What rights does an easement holder have?

Who is the dominant owner of an easement?

Can you remove an easement from your property?

What are the rights of an easement holder?

Which of the following may be used to terminate an easement?

How easement can be extinguished?

Can an easement lapse?

Can you trespass on an easement?

Is it bad to have an easement on your property?

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