When you are buying Arizona property that comes with an easement, it’s important to understand the implications.? Here is what you need to know about having an easement on your Arizona property:
What is an Easement?
An easement is another person?s or entities? right to use land which belongs to someone else for a limited purpose.? The property owner keeps the right to own, use, and enjoy his or her own land except to the extent their use conflicts with the easement.? When easements are written in specific, clear language, it’s easier to understand what they allow.? Unfortunately, many easements are ambiguous, and that ambiguity may result in the parties having to go to court to decide what they mean.
What Kinds of Easements May Impact Me?
Arizona law recognizes several types of easements.? Some of the more common easements a property owner may encounter are as follows:
This easement allows a utility company to enter on to your land for purposes of working on their equipment. Generally, when a utility easement is for underground pipes or below or above-ground wires or electrical equipment, the landowner will not be allowed to make additions to the property in a manner which interferes with the easement.? Ordinarily, utility workers will be permitted to come on to the land to the extent necessary to perform work or maintenance on the equipment and other materials related to the utility.
Another type of easement is a prescriptive easement which prevents a property owner from stopping someone from using the land in a manner which it has been used continuously for at least ten years.? If, for example, your neighbor has driven across part of your property continuously for the last ten years, he or she may have a prescriptive easement to continue doing so.?? However, in addition to being continuous for ten years, the person?s use must be ?notorious? (open) and ?hostile? (without the owner?s permission).
Easement by Necessity
An easement by necessity arises when someone has to use another?s land in order to use their own.? This usually arises when a property owner is landlocked and has to cross over another?s property to get to and from theirs. The party seeking the easement may also have to show that this easement was intended to exist, and that their need outweighs the burden on the other landowner.
When buying Arizona property, it is vital to investigate any existing or potential easements on the land. Attorney Laura B. Bramnick is an Arizona real estate attorney with the expertise to help you identify any easements or possible easements on your property and understand your options.? If you are seeking an exceptional, client-driven real estate lawyer in Scottsdale, Phoenix, Sedona and throughout the state of Arizona, contact Laura B. Bramnick to schedule your consultation.