Arizona Dedication of Land to General Public Land with Plat Attached

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Multi-State
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US-0618BG
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Description

Dedication, in property law means donation of land or creation of an easement for public use. It may be expressed or implied. An express dedication of property to public use is made by a direct appropriation of it to such use. A dedication of property to public or pious uses may be implied or inferred from the acts of the owner. For example, permission to use a street without bar or impediment for a long time is evidence from which a dedication to the public may be inferred.

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FAQ

An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

Property easements are bound to the land and can be found in the land deed document.

Although the public usually acquires land through condemnation or prescription, dedication for public use is a significant third alter- native. 2 Common-law dedication has two requirements: (1) intent of the landowner, and (2) public acceptance.

Utility easements are strips of land used by utility companies to construct and maintain overhead electric, telephone, and cable television lines and underground electric, water, and sewer, telephone, and cable television lines.

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.

"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 dedication is the conveyance of private land, either in fee simple or as an easement, for public use. The landowner can convey the property ing to dedication procedures defined by statute or as a common law dedication through deed or implied conduct.

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.

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Arizona Dedication of Land to General Public Land with Plat Attached