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 Request to Formalize Easement
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Multi-State
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US-0840LTR
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Word;
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This form is a sample letter in Word format covering the subject matter of the title of the form.
How to fill out Sample Letter For Request To Formalize Easement?
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FAQ
A prescriptive easement transfers the right to use property that is owned by another, but title to the property remains with the original owner.
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.
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.
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.
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.
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.
How Easements Are Created. Arizona law recognizes several methods of creating easements. The two most common ways in which easements are created are by express act and by implication. An express easement is created by deed, contract, or other written agreement.
