Mesa Easement

Name: Mesa Arizona Right of Way Easement for Public Trail
Brand: US Legal Forms
Rating: 4.87 (272 reviews)

Category:

Arizona Real Estate - Easements and Rights of Way

State:

Arizona

City:

Mesa

Control #:

AZ-EAS-3

Format:

Instant download

Description

To construct and maintain hereafter a public non-motorized multi-use trail, and all incidents thereto, together with the right to authorize, permit and license the use thereof for public purposes not inconsistent with its primary use as a public trail.

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

Acquisition of easements by prescription Therefore, if there is a need to prove its title after prolonged, uninterrupted and continuous occupation or to exercise certain rights over real estate it will cause hardship and will cause injustice. The law, therefore, recognizes an easement by prescription.

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

A prescriptive easement transfers the right to use property that is owned by another, but title to the property remains with the original owner. To establish a prescriptive easement requires open, notorious, hostile and continuous use of the land for a ten-year period.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

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.

A prescriptive easement is a legal right enjoyed over another's freehold property and which is obtained through long use. It is similar to adverse possession, but in this case relates to a right to use another person's property in a particular way rather than claiming ownership of the land.

These give utility companies permission to run their equipment across the property to provide Internet, electricity, water, gas, and cable. Utility easements also grant the utility companies permission to enter the property to service and maintain their equipment.

Prescriptive Easement Requirements The use of the easement must truly be adverse to the rights of the original owner of the property through which the easement is sought and must be without the landowner's permission. If the owner has given permission to use the land, the possession is not adverse.

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.

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.

Mesa Easement

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