An easement is a right to use someone’s land for a specific purpose without actually possessing the land. Unlike a license to use someone’s land, an easement is a right that you own and typically can transfer to another person. In Arizona, most real properties are subject to some form of easement. An easement can be created for various purposes including:
- Creating, using and maintaining roads and driveways
- Land Conservation
- Utilities Access
- Herding Livestock
In Arizona, easements may be granted expressly, impliedly, by prescription, or by necessity.
- An express easement is created by a written agreement between the landowner and the easement owner.
- An implied easement is one that is not written, but where the circumstances surrounding a transfer of property indicate that the parties intended to create an easement.
- A prescriptive easement is created when a non-owner of the land uses it in a way that is open, notorious and hostile for a period of at least ten years (See Quiet Title section above).
- An easement by necessity is created when land that was once held under common ownership is divided and sold, but the property conveyed or transferred is landlocked. In such situations, when access to the property is reasonably necessary, then the grantor implicitly gives the grantee an easement to cross the land of the grantor in order to reach the landlocked property.
Whether you are looking to create a new easement, verify proper use of an existing easement, or establish an easement by implication, prescription or necessity, you should seek the help of an experienced attorney. If you want to purchase or convey an express easement, the experienced real estate lawyers at AWD LAW® will help ensure that the easement is accurately and precisely described so as to prevent or mitigate future disagreements. If you are currently involved in an easement dispute, we can help you evaluate all of the relevant facts and determine the most appropriate course of legal action.
We are Northern Arizona’s premier law firm. If you need to speak with a Northern Arizona Lawyer for any reason, contact us today at (928) 774-1478!
We can help you evaluate the circumstances you are dealing with and determine your best options for the most successful outcome possible.