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Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
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.
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.
"An easement may be extinguished by an express written release of the servient estate... In order to be effectual, a release must be executed with the same formalities as are generally required in making transfers of interest in land." Sedillo Title Guaranty, Inc. v. Wagner, 80 N.M.
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.
Some easements can be verified by contacting the Property Engineering Branch, 602-506-0388. Some of the older easements across District property were not originally tracked so it may require getting a Title Report to verify easement grants across District property.
Easement law deals with the right of one party to legally utilize all or a portion of another's real property for some limited purpose.