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En Español

Easements may give rise to Arizona real estate disputes

| Jan 13, 2016 | Real Estate Disputes |

There are many ways that a real estate dispute might arise between neighboring Arizona property owners. One common source of discord is the presence of an easement. An easement grants the owner of the easement the right to use another’s land for a particular purpose, but not the right of possession.

Often, easements are granted with utilities in mind. A utility easement may exist on a piece of property so that a utility company can maintain cable television, electric or telephone lines. A utility company may access the land designated in the utility easement, though a property owner owns the land and the easement.

A dispute may be more likely to arise from an easement that grants one property owner access to a neighboring property owner’s property. For example, if one property owner needs access to a public road that his neighbor’s property has access to, there may be an easement established to grant access. Once in place, the easement will place restrictions on the land at issue. These restrictions may be in the form of prohibitions on building structures or fences within the easement area. If a property owner who needs access is prevented from accessing an area protected by an easement due to a disallowed structure, for example, a right-of-way dispute may arise.

Easements will remain with the property even when it is transferred to a different owner, though they can be removed. Typically, specific legal action is necessary to remove an easement.

An Arizona property owner who is facing a residential property dispute over an easement, or who wishes to have an easement removed, may wish to consult with an experienced real estate attorney for guidance.

Source: extension.arizona.edu, “Easements,” Cori Dolan and Mark Apel, accessed Jan. 8, 2016

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