An easy-to-understand description of an easement in real estate is that it gives a non-owner (aka the easement holder) the right to make use of a piece of property. Both the easement holder and the property owner have rights over this piece of land.
For example, the easement holder has the right to use and enjoy the property in accordance with the easement. However, he or she cannot occupy the land or use it in such a way that it places a burden on the property owner. Naturally, the owner can also use and access the property as long as it does not interfere with the easement holder’s use.
An often-repeated term in this area of real estate law is the word reasonable. What it means is that either party can do what they want on the land as long as it is reasonable and does not interfere with one another’s legal usage.
The most common easements involve utility and other service companies accessing land for the installation and maintenance of public services. Easements by necessity also exist and give people the right to access a portion of land. A good example involves a landlocked neighbor using a small piece of the property to come and go.
As you can see, easements in real estate can be quite complex. No matter what your easement concerns are, you will definitely benefit from consulting with a lawyer. Doing so will give you the information you need as well as advice about how to resolve your easement issues in compliance with the real estate laws in Arizona.
Source: FindLaw, “Easement Basics,” accessed Aug. 03, 2017