Arizona Right of Way Agreement
Description
How to fill out Arizona Right Of Way Agreement?
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FAQ
As a conveyance of a real property interest, an easement in Arizona should be signed by the grantor, duly acknowledged, and then recorded according to law. The easement should be recorded in the county where the property which is the subject of the easement is located.
What do you need to establish a right of way by prescription? The landowner must establish that he has exercised the right for at least 20 years without interruption. The landowner does not need to establish daily use, but he must ensure any gaps in use are relatively short.
If your right of way is blocked in any way, this can cause inconvenience. However, to be able to take action against the person causing the inconvenience, the blockage must be a substantial interference.
A right of way is a type of easement. Normally a right of way easement is agreed upon by adjoining landowners. A right of way may be granted to allow an individual to cross one property in order to reach another property, or to allow for a more convenient point of access.
Usually the easement is required because a property owner cannot obtain entrance to his land without crossing an adjacent parcel of land, i.e. his property is landlocked. In such circumstances application must be made to the court for the easement on the grounds that it is necessary for the enjoyment of the property.
If the property does not have legal access then it will be landlocked and will not deemed 'good and marketable'. If you intend to buy the property with a mortgage, your Conveyancer will be under a duty to report this matter to your lender who may then withdraw your mortgage offer.
Yes. A landlocked owner has several possible options. If the seller of the property sold a portion of its property to your parents without a formal access roadway, then Arizona law implies in the sale of the property an easement across the seller's remaining property for access (and utilities).
A parcel of land that does not have access to a public roadway and can only be accessed by crossing another's property. Owners of landlocked property may be able to gain street access through an easement.
In fact, less than one-half of Arizona land is privately held, so it is common that landowners may be landlocked and need an easement from state land. It is also possible that a private landowner will be landlocked and need an easement from a neighboring landowner.