Arizona Assignment of Interest in Right of Way
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How to fill out Assignment Of Interest In Right Of Way?
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FAQ
"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.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
A prescriptive easement transfers the right to use property that is owned by another, but title to the property remains with the original owner.
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.
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.