Arizona Easement and Right of Way (For Electrical Transmission Lines - Long Form)
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FAQ
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
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.
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.
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 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.
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.