Arizona Easement for Streets and Roads

State:
Multi-State
Control #:
US-EAS-6
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Word; 
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Description

This is a sample form for use in transactions involving easements, an Easement for Street and Roads. Allows a perpetual, non-exclusive right of way and easement to construct temporary and permanent streets or roads.

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.

Arizona Easement for Streets and Roads is a legal provision that grants defined rights to individuals or entities for utilizing land primarily for transportation purposes. It enables access to public roads, private streets, and various road-related infrastructures, ensuring smooth movement and connectivity throughout Arizona. Understanding the different types of easements concerning streets and roads in Arizona is crucial for property owners, businesses, and local governments alike. 1. Public Easement for Streets and Roads: This type of easement exists when the land is owned by the state, county, or municipality, allowing unrestricted access to the public. Public easements encompass everything from major highways and city roads to lesser-known alleys and trails. 2. Private Easement for Streets and Roads: As the name suggests, this easement grants specific individuals or private entities the right to access, use, or traverse a particular area for transportation purposes. Private easements are commonly found within gated communities, commercial complexes, or residential neighborhoods with shared access roads. 3. Easement for Access Maintenance: This type of easement allows designated parties to enter private properties with the sole purpose of maintaining, repairing, or upgrading existing roads, streets, or other road-related infrastructure. Such easements ensure that public or private access ways remain in proper condition over time. 4. Easement for Utilities: Arizona also recognizes easements for utilities, which may include gas pipelines, water lines, electrical cables, or other utility infrastructure running beneath or alongside streets and roads. These easements grant utility companies or municipalities the right to access and maintain such utilities for the benefit of nearby properties or communities. 5. Easement for Cul-de-Sacs or Dead-End Roads: In cases where certain roads terminate in a cul-de-sac or dead end, an easement might be established to provide adjoining properties with access to and egress from the road. This right ensures homeowners or businesses access their properties despite the road's limited reach. 6. Temporary Easements: In some circumstances, temporary easements may be granted to facilitate the construction, repair, or maintenance of streets and roads. These easements allow construction crews or contractors to temporarily access adjacent properties to complete necessary work while causing minimal disturbance to landowners or residents. Understanding the different types of Arizona Easement for Streets and Roads is essential for maintaining clarity and legal compliance. It helps property owners, developers, and local authorities ensure proper use and access to Arizona's transportation infrastructure while preserving the rights of everyone involved.

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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.

Some easements can be verified by contacting the Property Engineering Branch, 602-506-0388. Some of the older easements across District property were not originally tracked so it may require getting a Title Report to verify easement grants across District property.

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.

If there is a right of way over your land you must not block or otherwise obstruct it but generally you are not obliged to take positive steps to keep the surface in good repair. The neighbour who has the right of way can repair the surface but does not have to.

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.

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Right-of-way easements are among the most common types of easemsent and they may be written in recorded documents or created by the operation of law. Expressed ... Sep 3, 2019 — Here is an important guide to understanding easement rights in Arizona.Jan 1, 2023 — or public access easement between the street gutter or roadway of a public ... Fill out one column for each arterial road segment: Category. Road. Jul 16, 2018 — The purpose of right of way plans of each parcel of highway is to show clearly and accurately the essential information of a general nature, ... the are by. This section will discuss how prescriptive easements are created in Arizona and how they are located. It will be shown that elements required to ... (1) Exhibit “A”. Prepare a legal description of each property on a separate sheet. A surveyor registered in the State of Arizona shall sign and date his or ... Feb 1, 1999 — The property owner or developer may have recorded it without contacting the County. The document may be a. Ado it yourself@ form, and the ... Another type of easement is a prescriptive easement which prevents a property owner from stopping someone from using the land in a manner which it has been used ... A. Easements for utilities shall be provided as follows: 1. Where alleys are provided, four feet for aerial overhang on each side of alley shall be provided ... C: C.A.E.. Conservation area easement. C. ACC. E. Common access easement. CDMN. Condemnation. C\C. Certificate of correction. C.C. & R.

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Arizona Easement for Streets and Roads