Mesa Arizona General Grant of Easement

Name: Mesa Arizona General Grant of Easement
Brand: US Legal Forms
Rating: 4.74 (405 reviews)

Category:

Arizona Real Estate - Easements and Rights of Way

State:

Arizona

City:

Mesa

Control #:

AZ-EAS-21

Format:

Instant download

Description

For purposes to be designated by drafter.

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.

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FAQ

An owner can prevent a prescriptive easement by periodically interrupting the adverse use, or by posting at each entrance to the property or at intervals of not more than 200 feet along the boundary, a sign substantially reading: ?Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code.?

In California, an easement is defined as a right granted to an entity to use a piece of property belonging to a separate individual or entity for a specific purpose. The most common types of easements in real estate are those that grant road or utility access.

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.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

The Court of Appeals reversed the trial court and ruled that, even if the easement does not expressly provide for a duty to repair or maintain the easement, the owners of the easement have the shared duty to repair and maintain the easement. Freeman, 226 Ariz. 242 at 250.

V. Green, 673 P. 2d 380, 383 (Colo. App. 1983) (?The owner of the easement, or dominant estate, may do whatever is reasonably necessary to permit full use and enjoyment of the easement including the exercise of rights of ingress and egress for maintenance, operation, and repair.?).

Maintenance of the easement site Rather, the owner of the burdened land must not do anything that would obstruct or hinder enjoyment of the easement. If the owner of the benefited land wants to use the easement, it must do the work necessary to ensure the easement remains useable: Duncan v Louch (1845) 6 QB 904.

What is an Easement? An easement is a legal right to use property owned by someone else for a specific, limited purpose. Easements are typically identified in the title or recorded deed of the property but still may be unclear.

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In general, an easement appurtenant is transferred with the dominant property even if this is not mentioned in the transferring document.

Mesa Arizona General Grant of Easement

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FAQ

Can a property owner block an easement California?

How do easements work in California?

Who is responsible for maintaining an easement in Arizona?

Who is responsible for easement maintenance?

Who maintains an easement in Arizona?

Who is responsible for maintaining an easement in Colorado?

Who is responsible for easement maintenance NSW?

What is an easement in Arizona?

Who maintains the easement in AZ?

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What is the purpose of the Mesa General Grant of Easement35789?

Who grants the easement in Mesa General Grant of Easement35789?

What rights does the easement holder have?

Can the easement holder transfer their rights to someone else?

What happens if the easement holder violates the terms of the grant?

Can the property owner modify or revoke the easement?

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