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 Sample Letter for Suggested Change in Legal Form Granting Easement
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US-0393LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.
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FAQ
An Example Of A Prescriptive Easement In Practice They erect a fence that would cut off access to the shortcut. The schoolchildren could assert a claim that they had a prescriptive easement on the property that prevents the new owner from erecting a fence or other obstruction to the shortcut.
"An easement may be extinguished by an express written release of the servient estate... In order to be effectual, a release must be executed with the same formalities as are generally required in making transfers of interest in land." Sedillo Title Guaranty, Inc. v. Wagner, 80 N.M.
A prescriptive easement transfers the right to use property that is owned by another, but title to the property remains with the original owner.
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.
Easements run like shattered cobwebs across the state of Arizona. These property rights provide one person a right to use another person's property for certain limited uses?and this limited use is considered a form of real estate interest that the property owner cannot simply revoke at will under law.
Prescriptive Easements In Arizona, the continuous use must contine for 10 years.
