Arizona General Right-of-Way Instrument

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Multi-State
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US-00497
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Description

This Easement for Right-of-Way is between the Grantor and Grantee for a non-exclusive right-of-way, servitude and easement for the purpose for the purpose as is described in the agreement over the property described in the agreement. This is a contract that can be used in all states.


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.

The Arizona General Right-of-Way Instrument is a legal document that grants certain rights and permissions to individuals or entities regarding the use and access of a specific area of land. A general right-of-way instrument is commonly used in various situations where a person or organization requires access to private property or public land for specific purposes. In Arizona, there are several types of general right-of-way instruments, each serving different purposes. The first type is the Highway Right-of-Way, which grants access to state or federal highways, roads, or interstates. This allows for the construction, operation, and maintenance of transportation infrastructure. The Arizona Department of Transportation is responsible for managing and issuing highway right-of-way instruments. Another type is the Utility Right-of-Way, which permits utility companies to install, operate, and maintain their infrastructure, such as power lines, gas pipelines, or water pipelines. This type of right-of-way ensures the efficient delivery of essential services throughout the state. Utility right-of-way instruments are typically granted by state or local public utility commissions. Additionally, there are Rail Right-of-Way instruments, allowing railroad companies to construct, operate, and maintain railways and associated facilities. These instruments are regulated by the Arizona Corporation Commission and ensure the smooth functioning of the state's rail transportation system. Furthermore, there are Right-of-Way Easements, which provide specific access rights to individuals or organizations without transferring ownership or possessing full control over the land. These easements can be for pedestrian pathways, access roads, or any other defined purpose. They are often granted by property owners or local governments and are legally binding. It is important to note that the Arizona General Right-of-Way Instrument is a legal agreement that must be negotiated and executed by all parties involved. The terms and conditions within the instrument specify the rights and responsibilities of the parties and outline the limitations and permitted uses of the granted right-of-way. In conclusion, the Arizona General Right-of-Way Instrument is a crucial legal document that regulates and grants specific access rights to individuals, organizations, or utility companies. The different types of Arizona General Right-of-Way Instruments include Highway Right-of-Way, Utility Right-of-Way, Rail Right-of-Way, and Right-of-Way Easements. These instruments ensure the efficient operation of transportation systems, utilities, and public access routes while respecting the rights and responsibilities of landowners and organizations.

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FAQ

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.

An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

Easements run like shattered cobwebs across the state of Arizona. These property rights provide one person a right to use another person's property for certain limited uses?and this limited use is considered a form of real estate interest that the property owner cannot simply revoke at will under law.

Property easements are bound to the land and can be found in the land deed document.

"An easement may be extinguished by an express written release of the servient estate... In order to be effectual, a release must be executed with the same formalities as are generally required in making transfers of interest in land." Sedillo Title Guaranty, Inc. v. Wagner, 80 N.M.

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.

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Arizona General Right-of-Way Instrument