This form grants a third party the right to cross the Grantors lands to obtain access to lands which the third party holds under an oil and gas lease.
Arizona Easement and Right of Way for Roadway Allowing Access to Lands
State:
Multi-State
Control #:
US-OG-074
Format:
Word;
Rich Text
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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.
A right of way is a legal right to travel over land belonging to someone else in order to get from a defined point to a defined point, typically from a point on the public highway to some other point, over a defined route. The right may be a right of way on foot only or it might be a right on foot or with vehicles.
An easement written in a deed is called an: easement by grant. An easement by grant is generally written into and created in a deed.
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.
Even though property owners aren't allowed to block any easements, they might try to do it anyway. These situations can be quite frustrating, especially if the easement allows access to your residential property.
Right-of-Way Easements grant pass-through property access, as described in the driveway example above. Easements of Support protect the servient properties' structures from foundational damage due to digging too deep.
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.
In short, in order to be considered as a visible easement, it must be visible through building works or an activity. All other easements will be regarded as not visible.