That beautiful piece of Arizona land may offer wide-open
views, privacy, and room to roam—but who else has the right to cross it?
Before buying, take time to understand the property’s
easements. They can affect where you build, where you place a fence, and who
may legally use portions of your land.
An easement gives another party the right to use a specific
area for a particular purpose. Many easements “run with the land,” meaning they
continue when the property changes ownership. Buying the property does not
automatically eliminate those rights.
Start With the Title Commitment
Review your preliminary title commitment, particularly Schedule
B, where exceptions to title coverage are typically listed. Ask the title
company for copies of the recorded documents referenced there, including
easement agreements, plats, and any available recorded surveys.
Common Easements on Rural Property
Road and access easements: These allow access across
land for the parties entitled to use them. They often follow property
boundaries, or may even cross through the middle of a parcel.
Before installing a fence or gate, confirm what the easement
allows. Whether a gate is permitted depends on the easement’s terms and
applicable law. Do not assume you can block a road simply because you are the
only person currently using it.
Also, owning parcels on both sides of a road does not
automatically give you the right to close it or eliminate anyone else’s access
rights.
Utility easements: These provide third-party rights
for installing, operating, and maintaining utilities such as electricity,
water, and telecommunications.
Pipeline easements: These may allow pipelines and
related maintenance access across a property. Understand the restrictions
before digging, grading, planting trees, or placing improvements near the
easement.
Livestock access easements: Some rural properties have recorded rights allowing ranchers to move livestock across private land to reach grazing areas, including State Trust land.
CAUTION ---Be Careful When Asked to Skip the Title
Company
A quitclaim deed is often used by a seller who wants to
bypass using a title company and complete a sale quickly. Use caution when a seller insists on a quick
transfer by quitclaim deed without a title search or title insurance.
A quitclaim deed generally transfers whatever interest the
seller has without warranties of title. It does not, by itself, establish that
the property has legal access.
Skipping title review can leave you facing unexpected liens,
ownership claims, easements, or a parcel without established legal access.
Resolving those problems after closing may be difficult and costly.
If you are Buying or Selling, Call United Country
Arizona Country Real Estate, we are ready to help you!
Doreen Letson, CCIM
Owner/Broker | United Country – Arizona Country Real Estate, LLC