When it comes to owning property in Phoenix, Arizona, understanding easements or rights of way for access to your property is crucial. An easement refers to the legal right granted to someone else to use a portion of your property for a specific purpose. This article will provide you with a detailed description of what an easement or right of way is in Phoenix, Arizona, while highlighting the different types commonly encountered. In Phoenix, an easement or right of way can be described as a legal agreement or arrangement between the property owner (the serving estate) and another party (the dominant estate) allowing the latter to access or use a portion of the property for a particular reason. The most common types of easements or rights of way in Phoenix include: 1. Access Easements: These easements are granted to provide access to a property that doesn't have direct access to a public road. They can occur when neighboring properties block access or when a property is situated deep within another parcel. Access easements may also be established to ensure emergency services such as fire trucks or ambulances can reach a property. 2. Utility Easements: Utility companies often require easements to install, maintain, or repair utility lines such as power lines, water pipes, gas pipelines, or sewer lines that run through private properties. Utility easements are vital to ensure uninterrupted utility services for a property. 3. Conservation Easements: These easements are voluntarily created to conserve or protect significant natural, scenic, or historic resources. Property owners may work with nonprofit organizations, government agencies, or land trusts to establish conservation easements, ensuring that the protected features of the land are preserved for future generations. 4. Solar Access Easements: As solar energy gains popularity, certain areas require easements to protect a property's access to sunlight. These easements prevent neighboring properties from obstructing solar panels or other solar equipment that may be installed on a property. 5. Drainage Easements: If a property lies downhill from another, it may require a drainage easement to allow stormwater runoff to flow across the lower property. These easements prevent flooding or property damage and provide an established route for water drainage. 6. Shared Driveway Easements: In situations where two or more parties share a common driveway that crosses one party's property, a shared driveway easement ensures that all parties have access to the shared driveway without interference. 7. Pedestrian and Bicycle Path Easements: To improve connectivity and encourage non-motorized transportation, municipalities may establish public pedestrian or bicycle path easements, allowing residents to access public pathways or trails that pass through private properties. Understanding the different types of easements or rights of way in Phoenix, Arizona, is crucial for property owners. It is important to review and thoroughly understand any existing easements on your property before buying or making changes to the land, as they can affect the property's use, development plans, and potential value. Consulting with a real estate attorney or professional is advisable to ensure comprehensive knowledge and compliance with local laws when dealing with easements or rights of way in Phoenix, Arizona.
Phoenix Arizona Easement or Right of Way for Access to Property
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These include access, parking, drainage, overhang of signs or vents and pasturage of animals. A public right of way, however, can only be a right of access. Another distinction is that a right of way has to be a specified route or path which is defined as leading in a line from point A to point B.
The owners of the dominant and servient tenements must be different persons : An easement cannot exist where the dominant and servient land owners are in common ownership and possession i.e you cannot have an easement over your own land.
If the property is not legally accessible, it is known as 'landlocked'. It will be difficult to obtain a mortgage on a landlocked property or when legal access is in dispute. If you can you should seek to resolve any access issues before you make an offer.
An easement or right-of-way is an agreement that confers on an individual, company or municipality the right to use a landowner's property in some way. While these agreements grant rights, they also have the effect of partially restricting an owner's use of the affected portions of land.
A parcel of land (lot) is landlocked (enclaved) if it has no access to the public road or if this access is insufficient, difficult or impassable. Public roads include not only provincial and municipal streets and roads, but also any road leading to them.
In fact, less than one-half of Arizona land is privately held, so it is common that landowners may be landlocked and need an easement from state land. It is also possible that a private landowner will be landlocked and need an easement from a neighboring landowner.
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 the common a situation where an easement holder's driveway crosses the burden estate, and the holder is the only user of the way, then the easement holder is responsible for the maintenance and it's costs.
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership.