Arizona Amendment of Easement (Communications System)
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How to fill out Amendment Of Easement (Communications System)?
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FAQ
Types of Easements in Arizona Easements of ?Light and Air? protect the servient property's views by preventing adjacent property owners from building structures too high. Easements Pertaining to Artificial Waterways grant reasonable access to the servient property's artificial waterways.
Answer: The general rule in Arizona is that, unless otherwise provided for in the express language of a recorded easement, the owners of an easement are required to share equally in the maintenance and repair of 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.
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.
If the roads are not publicly maintained, it is the responsibility of the property owner(s) to maintain the roads and roads that are not improved to county standards and accepted for maintenance are not the county's responsibility.
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.
"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.
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.