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.
Arizona Easement for Access to Property
State:
Multi-State
Control #:
US-00495
Format:
Word;
Rich Text
Instant download
Description
This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.
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How to fill out Easement For Access To Property?
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FAQ
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.
Some easements can be verified by contacting the Property Engineering Branch, 602-506-0388. Some of the older easements across District property were not originally tracked so it may require getting a Title Report to verify easement grants across District property.
Ingress and egress easements are commonly granted for public roads and for access to a property via a neighboring property. Once an easement is granted, that easement will usually be transferred to subsequent owners if the properties are sold.
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.
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.
If the roads are not publicly maintained, it is the responsibility of the property owner(s) to maintain the roads and roads that are not improved to county standards and accepted for maintenance are not the county's responsibility.
