Arizona Amendment to Easement and Right-of-Way

State:
Multi-State
Control #:
US-OG-072
Format:
Word; 
Rich Text
Instant download

Description

This form may be used to amend an existing easement or right of way, providing options as to the manner in which the easement is to be amended.
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FAQ

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.

A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.

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.

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.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific 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.

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.

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Arizona Amendment to Easement and Right-of-Way