Arizona water conveyance statutes license#
LicenseĪ license is a privilege granted by a landowner to a person allowing use of the landowner’s property for a particular purpose. However, if the easement has commercial value, unless there is an express intent to limit alienability, the commercial easement in gross has the same attributes of alienability as other interests in property. Carpenter, supra.Īs a general rule, easements in gross are not transferable unless transfer is specifically authorized in the instrument creating the easement. There is a strong preference for finding that easement is appurtenant. In determining whether a right granted is appurtenant or in gross, courts must consider the terms of the grant, the nature of the right, and the surrounding circumstances, giving effect, as far as possible, to the legally ascertained intention of the parties. 258, 815 P.2d 1275 (1991)Įasements in gross are unrelated to the easement holder’s possession of a dominant estate and do not ordinarily transfer with title to an adjacent property. 389, 798 P.2d 248 (1990) There is a strong preference for finding that an easement is appurtenant Verzeano v.
If the dominant estate is sold or otherwise transferred to another, the easement over the servient land is transferred with it. 973, 976, 609 P.2d 896 (1980).Įasements appurtenant are adjacent to the servient estate. There is an extremely strong constructional preference for the finding of an easement appurtenant rather than in gross. The characterization of an easement as appurtenant or in gross is important because certain rights transfer with one and not the other. 660 (1915).Įasements can be further broken down into easements appurtenant and easements in gross. Further, an easement may be affirmative, which permits an easement holder to do certain acts on the servient estate, or negative, in which the landowner is prohibited from making a particular use of his or her land. 278, 15 P.3d 573 (2000) (prescriptive easement created by a 10 year period of certain use). at 39.Īn easement may be prescriptive, implied, or explicitly agreed upon. In certain instances, partial performance of an oral agreement, coupled with adequate equitable grounds, may be sufficient to take the agreement out of the Statute of Frauds. Further, in order for any easement agreement to satisfy the Statute of Frauds, it must be in writing. N easement holder can make only such use of an easement as is reasonably necessary to accomplish the purpose for which the easement is granted and the remaining dominion over the land upon which the easement lies continues with the servient landowner.Ĭlark v. The scope of an easement is not defined by its physical characteristics, but by its purpose, and it has been stated that, Because the land crossed by the easement is burdened by the easement, it is referred to as the “servient estate.”Īn easement, unless specified otherwise, creates an unlimited reasonable use of the servient estate. An easement holder is a person with a legal right to use the easement and may include the owner of the land across which the easement passes.
EasementĪn easement is a nonpossessory interest in the land of another that entitles the easement holder to limited use of another’s land without interference. An easement does not give the holder a right of possession but rather a right to use something from the possessory estate of another. This presentation is meant to give a general overview of the law of easements, beginning with some definitions and moving on to explain the ways in which easements may be created and enforced. Enforcement of EasementsĮasements differ from estates in land in that they are nonpossessory interests. Obtaining Copies of Conveyance Documents.Easement and Right of Way Record Management
Type of Easement: Appurtenant or in Gross.Drafting Tips and Forms for Express Easements Effect of Subsequently Enacted Law and “Reasonable Regulation”.
Access, Maintenance and other Secondary Rights.
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