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 Easements For Construction, Operation And Maintenance Of Sanitary Sewer Lines And Related Facilities
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Multi-State
Control #:
US-EAS-22
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Word;
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This is a sample form for use in transactions involving easements, an Easement for Construction, Operation, Maintenance of Sanitary Sewer Lines and Related Facilities. Easement that allows for construction, operation, maintenance of Sanitary Sewer Lines and related facilities.
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FAQ
Right-of-way easements One of the most common types of easements, a right-of-way easement, allows individuals or groups to pass through your property. This type of easement usually arises when your property is in between a public road and another property, which does not have direct access to the road.
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.
A prescriptive easement transfers the right to use property that is owned by another, but title to the property remains with the original owner.
Ingress-Egress Easement. An ingress/egress easement, also known as an access easement, is a type of easement that specifically grants the right to enter or exit a property through another person's land. It allows a property owner or occupant to access their property by passing over a neighboring property.
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.
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 typically fall into one of four categories that courts in Arizona and other states have recognized as creating enforceable easement rights: These include the following: (1) right-of-way easements; (2) easements of support; (3) easements of "light and air"; and (4) easements pertaining to artificial waterways.
If your Arizona property contains an easement, you can generally use the ?servient land??the land that the easement holder uses to his or her benefit?in any way that does not interfere with the easement holder's specific, limited usage of your property. This limits what you can and cannot do with your land.