Legal Question in Real Estate Law in Arizona

Easements

We have a legal 20ft easement deeded to our property from our neighbor on our south side. We have not used it in the three years that we have lived here as it is not cleared. Instead we have been using the electricity company easement. We would like to have our rightful easement cleared and would like to know who is responsible for the clearing, removal and replanting of the native trees and vegetation. Also if we are responsible for the cost of moving trees etc can they be replanted on our property?


Asked on 6/22/01, 2:01 pm

1 Answer from Attorneys
Richard Nye Richard Q. Nye, Ltd.

Re: Easements

If you are the holder of the easement (you have the right to use the property) and the other party owns the land: first see if the easement covers it, if not, generally, the landowner does not have an obligation to maintain the property other than as may be required by city ordinance.

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Answered on 6/29/01, 1:54 pm


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