Property OwnershipIntermediateArizona Exam

An Arizona property owner who grants an easement to a neighbor for a driveway should ensure the easement is:

AOnly oral since neighbors are trustworthy
BIn writing and recorded to be binding on future owners of both propertiesCorrect
CApproved by the city or county
DLimited to a maximum of 10 years

Why In writing and recorded to be binding on future owners of both properties Is Correct

Answer B: In writing and recorded to be binding on future owners of both properties

For an easement appurtenant to run with the land and be binding on future owners, it should be created in writing and recorded in the county recorder's office. Oral easements are generally unenforceable against future owners.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

Key Property Ownership Terms in This Question

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