How to obtain expert legal documents that comply with your state laws and create the Arizona Consent Of Easement Form without consulting an attorney.
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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.
Download and complete the Patent Easement Abandonment Application (PDF). Note: You must be the current owner of the property to file an Abandonment Application. Bring the completed application, all required documentation, and the non-refundable application fee 2021 to MCDOT.
As a conveyance of a real property interest, an easement in Arizona should be signed by the grantor, duly acknowledged, and then recorded according to law. The easement should be recorded in the county where the property which is the subject of the easement is located.
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.
An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.