Arizona Utility Easement (Electric Lines, Telephone Lines and Appurtenances)
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FAQ
Utility easements are strips of land used by utility companies to construct and maintain overhead electric, telephone, and cable television lines and underground electric, water, and sewer, telephone, and cable television lines.
What Is An Easement Appurtenant In Real Estate? An easement is the right to use another person's property for a specific and limited purpose. An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates.
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.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
Utility easements are strips of land used by utility companies to construct and maintain overhead electric, telephone, and cable television lines and underground electric, water, and sewer, telephone, and cable television lines.
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.
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.
