Pima Arizona Easement and Right of Way for Roadway Allowing Access to Lands

State:
Multi-State
County:
Pima
Control #:
US-OG-074
Format:
Word; 
Rich Text
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Description

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.

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FAQ

An easement is the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

Prescriptive easements are defined as implied easements that are created after a dominant estate has used the servient estate's property in a continuous, uninterrupted and open manner for more than 10 years. There is not an official contract or written agreement for prescriptive easements.

In fact, less than one-half of Arizona land is privately held, so it is common that landowners may be landlocked and need an easement from state land. It is also possible that a private landowner will be landlocked and need an easement from a neighboring landowner.

Kinds of Easement under Indian Easement Act,1882 Continuous Easement Discontinuous Easement Apparant Easement :- Non-Apparent Easement

Easement law deals with the right of one party to legally utilize all or a portion of another's real property for some limited purpose.

A legal easement over unregistered land is effective at law when made and binds the world. An equitable easement over unregistered land must be protected by registration of a class D(iii) land charge against the full name of the estate owner.

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.

Incorporated cities and towns within Pima County are: Oro Valley, Marana, City of Tucson, City of South Tucson and Sahuarita. If you don't live within a city or town, you live in unincorporated Pima county.

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Pima Arizona Easement and Right of Way for Roadway Allowing Access to Lands