by Clint Dunaway | Oct 29, 2025 | Real Estate Law
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 created through a deed, contract, or other written...
by Clint Dunaway | Oct 17, 2025 | Arizona Water, Real Estate Law, Well Sharing in Arizona - Blog Posts
Shared Well Agreements “Run(s) With the Land”?:The legal doctrine of “runs with the land” refers to a principle that attaches certain rights, obligations, or restrictions to a piece of real property rather than to a specific individual. In...
by Clint Dunaway | Nov 1, 2024 | Real Estate Law
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...
by Clint Dunaway | Feb 22, 2024 | Eviction, Landlord - Tenant Law, Real Estate Law
Arizona law is clear that eviction cases are designed to address the issue of possession and not the issue of property ownership. The limited scope of a forcible entry and detainer action has been strictly defined by Arizona statute. A.R.S. § 12-1177(A) states in...
by Clint Dunaway | Jun 19, 2023 | Civil Litigation, Real Estate Law
In Arizona, there are no real protections that prevent someone from recording fraudulent documents with a county recorder. A person can literally quit claim the Arizona State Capital building to themselves and the county will record it. The recorder’s office does not...
by Clint Dunaway | Jan 20, 2023 | Civil Litigation, Real Estate Law
What is Discovery of Evidence? During a lawsuit, each party has the opportunity to request formal “discovery” from the opposing party. The Discovery process is accomplished in a variety of ways, one is to send the opposing party a formal set of requests. These...
