REFERENCE TITLE: private easements; maintenance

State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010

HB 2154

Introduced by Representative Barto

 

AN ACT

 

amending title 33, chapter 2, Arizona Revised Statutes, by adding article 5; relating to easements.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 33, chapter 2, Arizona Revised Statutes, is amended by adding article 5, to read:

ARTICLE 5.  EASEMENTS

START_STATUTE33-281.  Easements; proportionate liability for maintenance

A.  The owner of any easement that is in the nature of a private right‑of-way and the owner of the land to which the easement is attached shall maintain the easement.

B.  An easement that is owned by more than one person or that is attached to parcels of land under different ownership shall be maintained as provided in any agreement among the persons.  If there is no agreement, the cost of maintenance shall be shared proportionately among the owners of the easement right according to the use made of the easement by each owner.END_STATUTE