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.
An easement for access to property in Arizona is a legal right granted to an individual or entity, allowing them to use a specific portion of someone else's property to gain access to their own property. This easement ensures that property owners have a right to enter and exit their land, even if they do not have a direct road or pathway leading to it. In Arizona, there are several types of easements that can be established to provide access to a property: 1. Express Easement: This type of easement is created through a written agreement between the parties involved. An express easement document outlines the specific terms and conditions of the access granted, including any limitations or restrictions. 2. Implied Easement: An implied easement in Arizona is not explicitly granted through a written agreement but is instead assumed based on the circumstances and actions of the parties involved. These easements are often established when it can be proven that continuous and apparent use of another person's property for access has taken place for an extended period. 3. Easement by Necessity: This type of easement arises when a property owner has no other reasonable means of accessing their property except through another person's land. It is typically granted in situations where a landlocked parcel lacks access and the property owner cannot reasonably use the land without crossing another property. 4. Prescriptive Easement: A prescriptive easement is acquired through adverse possession, which means someone has been openly and continuously using another person's property for access without permission for a statutory period of time (commonly 10 years in Arizona). If the claimant can meet all the necessary legal requirements, a prescriptive easement may be established. In all easements for access to property in Arizona, it is crucial to clearly define the scope of access granted, any limitations or restrictions on that access, and the responsibilities of both the granter and the grantee. It is recommended that individuals seek legal advice to ensure the proper drafting and documentation of an easement to protect their rights and avoid any future disputes.
