Pima Arizona Easement for Access to Property

State:
Multi-State
County:
Pima
Control #:
US-00495
Format:
Word; 
Rich Text
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Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


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.

Lima, Arizona, located in the southeastern region of the state, is a community that understands the importance of easements for accessing properties. An easement for access to property is a legal right allowing individuals or entities to access a particular property for various purposes, such as maintenance, utility, or transportation. These easements ensure that property owners have a safe and convenient way to enter and exit their properties. In Lima, Arizona, there are several types of easements for access to property, each serving a specific purpose. Some commonly encountered types include: 1. Private Access Easements: These easements are created by mutual agreement between neighboring property owners, granting one party the right to access their property through the land of another party. Private access easements are typically recorded in writing and define the specific terms and conditions under which the access can occur. 2. Utility Easements: Utility companies often require easements to install, maintain, and repair their infrastructure, such as electrical lines, water pipes, or communication cables. These utility easements ensure that the utility company can access the property as needed without interfering with the rights of the property owner. 3. Public Right-of-Way: Public right-of-way easements are established to provide access to public roads, streets, or highways. These easements are generally wider and allow for pedestrian and vehicle traffic. They are typically managed and maintained by the local government or relevant authorities. 4. Conservation Easements: In certain cases, properties may be subject to conservation easements, primarily designed to protect natural resources, wildlife habitats, or historical landmarks. These easements restrict the landowners from making specific alterations to the property while still allowing them to access and use the land within certain limits. 5. Emergency Access Easements: Emergency access easements provide emergency responders, such as firefighters or medical personnel, the right to enter properties during emergencies. These are crucial to ensure the timely arrival of emergency services, even if a direct route is obstructed. It is essential for property owners and potential buyers in Lima, Arizona, to understand these various types of easements for access to property. Consulting with legal professionals or conducting thorough research during real estate transactions can help ensure the rights and obligations associated with these easements are properly assessed and respected.

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FAQ

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

There must be a substantial interference with the enjoyment of it. There is no actionable interference with a right of way if it can be substantially and practically exercised as conveniently after as before the occurrence of the alleged obstruction.

The idea of easements is to create provisions on land titles for a range of public works like drainage, electricity supplies, and water supplies. Easement rights are typically owned by public authorities to allow access, maintenance and construction work for these services.

Two parties, either individuals, groups or companies, can make an easement contract. It requires the landowner to grant permission for the property area to be used for a particular purpose. As long as the parties agree about access to the easement and its use, they can create a contract.

How to Get Rid of Real Estate EasementsQuiet the Title.Allow the Purpose for the Easement to Expire.Abandon the Easement.Stop Using a Prescriptive Easement.Destroy the Reason for the Easement.Merge the Dominant and Servient Properties.Execute a Release Agreement.

In cases of a breach of an easement, similarly there may be serious consequences if a case goes to court and it finds against you. Even the building of a fence across someone's right of way could mean you have breached an easement and may be liable to pay compensation for rectification.

A legal easement will bind all purchasers, regardless of whether they knew of it, whereas an equitable easement will only bind a purchaser who had knowledge, which can be challenged.

Should the owner of the servient land prevent you exercising your easement you can seek an injunction against them to enforce your right.

Enforcing your rights under the easement You must not use unreasonable force, cause a breach of peace, or cause any injury to the public. Court action you may file an Application in the Supreme Court of NSW and seek an order from the court for damages, nuisance or an injunction.

More info

Access, ownership, and other pertinent information. Express easement in connection with the conveyance.Real Estate Sale Agreement with Pima Thomas Venture LLC. For driveways or access easements serving more than one address: a. Multiple address signs may be included in the same sign structure. Department of Resources does not support access easements over trust land i.e. Property easements are bound to the land and can be found in the land deed document. Third phase stood out as being warmer than the others. Unitywater easements may be for access, water, sewerage or services.

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Pima Arizona Easement for Access to Property