How Can I Get a Deeded Patent Easement Released

[Jarkee]

My question involves an easement in the state of: Arizona

I wish to get a Deeded Patent Easement terminated.

I have 1.5 acres with a 33 foot patent easement on the front and back of the lot in unincorporated Maricopa County. The lot is in a dead end area, and all the surrounding lots are developed with other convenient access. All the utilities come in through other access to each property. The back area is truly a back yard, with the neighbors fences and walls creating our boarder.

My back yard is about 55 feet deep, before the house and its developed yard begins.

The Maricopa County Zoning Department has declared that the back easement's presence makes our back yard the same as a second front yard, and is requiring us to set back any structure 73 feet - which means that I cannot get a permit for a horse shade for that area. This is the only practical area for our horse shade.

Can any of you kind people offer advice on how I go about getting a Deeded Patent Easement terminated?

[Newtons_Apple]

You'll need to perform research and figure out who owns the rights to the easement.

Once you've figured that out, you need to ask said owner (or owners) to relinquish their rights, thereby extinguishing the easement. The process to extinguish will likely involve a real estate attorney, and that attorney could perform the research for you as well.

The attorney may have other methods he or she could try (such as a reversion of the easement by a paper street rule for example.)

Good luck.

[LandSurveyor]

I am suspicious that the term "patent easement" may refer to a Federal Patent Easement.

The width, 33 feet, is also suggestive, as that is two rods or "half a chain" to Newton and myself. If your rear property line is a Section Line there may be another 33 feet reserved on the other side.

If it's a Federal Patent Easement, you would start with this to get it removed:

http://law.justia.com/codes/arizona/...ection9-50024/

Good Luck!

[Jarkee]

Thanks so much. It is a Federal Patent Easement. Boy I would love to see it revoked, and a private utility easement be instated! I will ask a lawyer here to help.