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What is the difference between an easement and an appurtenance?

An easement is the right to use another persons property for a specific and limited purpose. An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates.

What is the difference between a grant and reservation?

The two basic types of easements are easement by reservation and express grant. An express grant is an easement by a property owner allowing another person access to their property, while a reservation is an easement by a property owner according himself certain rights to the property even when he or she does sell it.

Who maintains an easement in Arizona?

The Court of Appeals reversed the trial court and ruled that, even if the easement does not expressly provide for a duty to repair or maintain the easement, the owners of the easement have the shared duty to repair and maintain the easement. Freeman, 226 Ariz. 242 at 250.

What is a general easement clause?

by Practical Law Property. This deed of easement grants simple rights over the grantors land in return for a payment made by the grantee to the grantor. It contains optional clauses for a lender to give consent to the grant of the rights.

Who is responsible for maintaining an easement in Arizona?

In Arizona, absent express language regarding the duty to repair or maintain an easement, the easement owners share the obligation. This means that easement holders who incur expenses can ask other easement holders to pay some of the costs associated with maintaining or repairing the easement.

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