Arizona Easement or Right of Way for Access to Property
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How to fill out Easement Or Right Of Way For Access To Property?
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FAQ
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.
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.
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.
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.
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.