What is an Easement?
How Are Easements Created? In Arizona, easements can be created in one of two primary ways: Expressly (by written agreement) or by Prescription (through long-term use). 1. Express EasementAn express easement is an easement intentionally created by a written...
Type 2 Water Rights
What are Type 2 Water Rights? In Arizona, water rights are categorized based on their usage. Type 2 non-irrigation water rights are specific to non-agricultural uses, such as industrial, commercial, or residential purposes. These rights are allocated based on historic...
Well Managers: Shared Wells
In Arizona, where water is a precious resource, many property owners rely on shared wells for their water supply. The management of these wells is a crucial responsibility that ensures fair distribution, maintenance, and compliance with state regulations. This is...
Partitioning Real Estate
Forcing the Partition of Real Property in Arizona — A.R.S. § 12-1211 Explained Co-owning real estate can be rewarding when everyone agrees on how to use or sell the property. But when disagreements arise — whether between family members, business partners, or...
How To Cancel a Shared Well Agreement
Cancelling a Shared Well Agreement in Arizona? Is it possible to cancel a shared well agreement in Arizona? The short answer is yes — but the process depends heavily on the specific terms of the agreement and the circumstances surrounding the shared well. To...
Rule 16 of Civ. Pro- Meet and Confer
Rule 16 of the Arizona Rules of Civil Procedure plays an important role in the pre-trial phase of a case. It helps streamline proceedings and to "discourage wasteful, expensive, and duplicative pretrial activities." What is Rule 16 of Civil Procedure? Rule 16 of the...
Runs With the Land
Shared Well Agreements Run With the Land"Runs with the land" refers to certain rights, obligations, or restrictions to a piece of real property rather than to a specific individual. In other words, these rights or obligations are not personal to the current owner but...
DWID Domestic Water Improvement District
Domestic Water Improvement Districts (DWID) are an Arizona non-government entity formed for the purpose of constructing or improving a domestic water delivery system or purchasing an existing domestic water delivery system. A domestic water improvement district may...
Rule 26.1 Disclosure Statement
Rule 26.1 of the Arizona Rules of Civil Procedure requires that the parties to a lawsuit to exchange Initial Disclosure Statements within 30 (thirty) days of the defendant filing an Answer. These disclosure statements are often referred to as "Rule 26.1 Statements" or...
Arizona Shared Wells
Shared Well Agreements What are your rights to water that comes from a shared well that is not located on your property? For most people, the answer is in their written well share agreement. The first question to be considered is—which state regulating body grants me...
Buying a House with a Shared Well
When buying an Arizona home with a shared water well, there are certain considerations to keep in mind. Many homebuyers have questions and concerns about shared wells when they've never lived in a house that shares a water well. By definition, a shared well is a water...
Keeping Shared Well Records
RECORD KEEPING: MAINTAINING YOUR OWN WELL RECORDS What well water records should be kept? Keep records of maintenance, test results, and repairs to help your contractor with future repairs. What Well Records Should be Kept? Copies of the well share...
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