Arizona Consent To Encroachment - Into Easement

State:
Multi-State
Control #:
US-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Consent To Encroachment (Into Easement). Used when there exists an encroachment by house (or other) into said Easement, as illustrated by a survey. Easement Owner, admits to being aware of said Encroachment and consents thereto and represents that Easement Owner, will not require the removal of the house (or other type encroachment) and will not require the attached improvements to be removed.
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FAQ

Below are three steps you can pursue when dealing with an encroachment issue. Talk With Your Neighbor. Sell Your Land, Or An Easement On Your Land, To Your Neighbor. Take Your Neighbor To Court.

Both involve a property owner making extensions over their neighbor's property. While encroachments are the unauthorized use of the neighbor's property, easements are agreed upon by both parties. In many cases, the party responsible for the easement compensates the other neighbor.

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.

Structural encroachment occurs when a property owner specifically builds something on land they don't own. This issue is typically between neighbors, but it could also be between the property owner and a municipality since streets and sidewalks are often the property of the city for public use.

Encroachments can be intentional or unintentional and are usually discovered during a property inspection or survey. One solution may include an easement, which is a limited right to use someone else's property for a specific purpose.

Primary tabs. An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.

Examples of a major encroachment would be extending a building over property lines or an overhanging tree branch that could potentially cause serious injury.

Entry to another's property without right or permission. synonyms: intrusion, trespass, usurpation, violation.

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Arizona Consent To Encroachment - Into Easement