What happens when easement holder becomes owner of both properties?

If the easement holder becomes the owner of both properties (over which the easement runs), then there is a “unity of two titles.” Owners have no need for an easement on their own property, and thus the easement will have merged out of existence.

What do you need to know about easements in Arizona?

Arizona Easement Law. An easement is a legal right to use the property of another for a specific purpose. Easements may be identified on a subdivision plat, survey, or in the legal description of a recorded deed. Easements are typically divided into two classifications – easements appurtenant and easements in gross.

How can I find out if I have an easement on my property?

Utility easements are usually written into your deed. If you’re not sure if there’s an easement on your property, it’s best to do a title search to find out. A utility easement will transfer with the land, or “run with the land”—that is, if you sell your house, the next owner buys your house and land with the easement on it.

Can a utility build on an easement on your property?

Electrical and other utility companies frequently build permanent structures on their easements. If you’re thinking of building a structure on the utility’s easement, you might need to get the easement holder’s permission. If there’s an easement running on your property, it should appear on the property’s title history.

Arizona Easement Law. An easement is a legal right to use the property of another for a specific purpose. Easements may be identified on a subdivision plat, survey, or in the legal description of a recorded deed. Easements are typically divided into two classifications – easements appurtenant and easements in gross.

Do you need a privilege license to own a property in Arizona?

Every residential rental property owner with taxable rental property is required to obtain an Arizona transaction privilege tax license from the Arizona Department of Revenue for each location where residential rental income is taxable. This applies regardless if the owner rents the property themselves or employs a property management company.

When does an easement carry over to a new owner?

In this scenario, you own the land, but the owner of the neighboring property has been granted right to pass through your property. In some instances, the previous owner might have been compensated for granting this access. The important thing to know is that easement carries over when a new owner assumes the property.

Why are there restrictions on private property in Arizona?

A major source of legal restrictions on the use of private property is found in Arizona’s zoning and land use laws. Another issue that occurs is when landowners, without realizing it, are not the only persons who have a legal right to use their land.