Arizona Easement or Right of Way for Access to Property refers to a legal arrangement that grants individuals or entities the right to use a portion of another's property for access purposes. This access could include entering or exiting a property, driving through it, or utilizing it for specific purposes such as utilities or maintenance. This easement or right of way ensures convenience and functionality, especially for landlocked parcels or properties with limited access points. In Arizona, there are several types of easements or rights of way for accessing property: 1. Express Easement: This is a written agreement between the property owner (serving estate) and the user (dominant estate) that spells out the terms and conditions of property access. The express easement is usually recorded in public records, ensuring its enforceability. 2. Easement by Necessity: This type of easement arises when a property owner requires access to their property but is landlocked or otherwise unable to reach their property without crossing over another person's land. It is granted based on the principle of necessity. 3. Prescriptive Easement: When an individual continuously and openly uses another person's property without permission for a statutory period (generally ten years in Arizona), they may acquire a prescriptive easement. This type of easement is established by demonstrating adverse possession, where the rightful owner fails to contest or prevent the use. 4. Easement by Implication: It is an implied easement that arises when the owner of a larger parcel of land divides it, resulting in one portion having no reasonable access except through the divided land. An implied easement is based on the assumption that the parties understood the necessity of access when conveying the divided parcels. 5. Easement by Prior Use: If two adjacent properties were once under common ownership and one parcel was later sold or transferred, an easement by prior use may be granted to the adjoining parcel. It preserves the rights originally existing between the two properties, ensuring continued access. It is important to note that Arizona easements or rights of way for accessing property can be created through deed, judgment, irrevocable license, or by implication under certain circumstances. These easements are legally binding and can only be terminated or modified through agreement, abandonment, or court order. It is advisable for property owners to consult with an attorney or seek professional advice to understand their rights and obligations regarding easements and rights of way.
Arizona Easement or Right of Way for Access to Property
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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.