Arizona Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes

State:
Multi-State
Control #:
US-OG-651
Format:
Word; 
Rich Text
Instant download

Description

This form is used to when the Grantor amends the Easement to allow Grantee and its successors the right to make use of the Easement for any purpose, in addition to the purposes for which it was originally granted, including the right to make use of the Easement for laying lines, wires, and cables for telecommunication purposes, and as long as the Easement, as originally granted and now amended, is still in use, it shall remain and stay in full force and effect.

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FAQ

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

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.

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.

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.

12-521 defines adverse possession as ?an actual and visible appropriation of the land, commenced and continued under a claim of right inconsistent with and hostile to the claim of another.? In Arizona, you must be occupying a property as a trespasser for two years to obtain the property through adverse possession.

"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.

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.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

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Arizona Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes