Arizona Easement and Right of Way (For Roadway Allowing Access to Lands) In Arizona, an easement and right of way is a legal concept that grants individuals or entities the right to use someone else's property for specific purposes, primarily to provide access to their own lands. It essentially allows non-owners to utilize portions of another person's property, usually for the construction or maintenance of roadways, driveways, or utility lines. There are different types of Arizona easements and right of ways related to roadway access to lands. These include: 1. Express Easements: This is a type of easement explicitly created by a written agreement between the property owner (granter) and the individual or entity seeking access (grantee). Express easements are typically recorded in the county recorder's office, outlining the terms, conditions, and rights of the grantee. 2. Implied Easements: Implied easements are not explicitly granted by a written agreement, but they are inferred by the courts based on the actions and usage of the property over time. For example, if a landlocked property owner has been regularly using a neighboring property for access for an extended period, the court might imply an easement providing them with a legal right to continue using that access. 3. Prescriptive Easements: Similar to implied easements, prescriptive easements are acquired through continuous and uninterrupted use of someone else's property without the owner's permission. However, to claim a prescriptive easement, the user must prove open, notorious, hostile, and continuous use for a specific period established by state law, usually ranging from several years to decades. 4. Easements by Necessity: Easements by necessity arise when a property owner is landlocked, meaning they have no legal access to their property due to surrounding lands owned by others. In such cases, Arizona law recognizes the owner's right to an easement by necessity to ensure reasonable access to their land. In Arizona, these easements and rights of way are governed by state statutes, primarily Title 12, Chapter 7 of the Arizona Revised Statutes. It is important to note that specific regulations and legal requirements may vary, so consulting an attorney or legal professional is crucial when dealing with easements and right of ways. In conclusion, the Arizona easement and right of way framework facilitates the creation of legal access to landlocked properties and enables the smooth construction and maintenance of roadways, driveways, and utility lines. The different types of easements, including express, implied, prescriptive, and easements by necessity, provide property owners and users with the necessary legal mechanisms to establish and maintain access to their lands.
Arizona Easement and Right of Way (For Roadway Allowing Access to Lands)
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FAQ
Right-of-Way Easements grant pass-through property access, as described in the driveway example above. Easements of Support protect the servient properties' structures from foundational damage due to digging too deep.
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.
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.
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.
"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.
