Tucson Arizona Right of Way Easement for Public Trail

State:
Arizona
City:
Tucson
Control #:
AZ-EAS-3
Format:
Word; 
Rich Text
Instant download

Description

To construct and maintain hereafter a public non-motorized multi-use trail, and all incidents thereto, together with the right to authorize, permit and license the use thereof for public purposes not inconsistent with its primary use as a public trail.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.


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FAQ

These give utility companies permission to run their equipment across the property to provide Internet, electricity, water, gas, and cable. Utility easements also grant the utility companies permission to enter the property to service and maintain their equipment.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

There are four types of easements that might apply to your property, which can include express easements, implied easement by existing use, easement by necessity, and prescriptive easements.

The Court of Appeals reversed the trial court and ruled that, even if the easement does not expressly provide for a duty to repair or maintain the easement, the owners of the easement have the shared duty to repair and maintain the easement. Freeman, 226 Ariz. 242 at 250.

What is an Easement? An easement is a legal right to use property owned by someone else for a specific, limited purpose. Easements are typically identified in the title or recorded deed of the property but still may be unclear.

A recent case has clarified that you cannot put a gate across a public right of way, even across part of it, if that puts people off using it. The Barcroft Lane case was an important landmark judgement and you can read more about it here. How wide does a path have to be?

A prescriptive easement transfers the right to use property that is owned by another, but title to the property remains with the original owner. To establish a prescriptive easement requires open, notorious, hostile and continuous use of the land for a ten-year period.

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.

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Tucson Arizona Right of Way Easement for Public Trail