Arizona Easement for Right of Way for Forestry with Liability Provisions

State:
Multi-State
Control #:
US-EAS-12
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, an Easement for Right of Way. Easement for the sole purpose of the use and maintenance of an existing road or new road for the hauling of forest products.
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.
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FAQ

The property subject to the easement is known as the ?burdened? or ?servient? parcel. The property that uses the easement is known as the ?benefited? or ?dominant? parcel. The California Civil Code lists eighteen explicit servitudes.

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.

Hear this out loud PauseLitigation: When the Conveyance Is ?Subject To? an Easement A piece of real estate may be ?subject to? shared driveways and walking paths, or passages granted to utility companies for electric lines, gas lines, or sewer pipes. Easements can be small or large.

Hear this out loud PauseDominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate. [Last updated in July of 2021 by the Wex Definitions Team]

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.

Right-of-Way Easements grant pass-through property access, as described in the driveway example above. Easements of Support protect the servient properties' structures from foundational damage due to digging too deep.

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Arizona Easement for Right of Way for Forestry with Liability Provisions