Protecting Pre-1982 Utility Easements
Easements for utility companies and cable systems were not always documented with today's precision. Before September 15, 1982, many easement documents described the property but left out the exact path or width. This statute prevents those older easements from being thrown out on a technicality.
Notwithstanding any other provision of law, the description of easements and rights-of-way for public service corporation, telecommunications corporation or cable television system purposes reserved or conveyed in a conveyance document or other instrument executed prior to September 15, 1982 is not void for lack of a sufficient description of the course or width of the easement if the servient estate which is subject to the easement or right-of-way is sufficiently described.
A.R.S. § 33-403The key requirement is that the servient estate (the property carrying the easement) must be clearly described. If it is, the easement stands. This differs from prescriptive easements, which arise through long-term use without permission. It is also separate from implied easements based on prior use patterns.
Why This Matters for Property Owners
If your property has a pre-1982 utility easement, this statute means it is likely still valid. The party benefiting from the easement keeps its rights, even if the original description lacks detail.
Title searches should account for these older easements. When buying property or transferring real estate into a trust, understanding existing easements is part of the process.
Easement disputes sometimes come up when a property owner wants to build on land that a utility company claims. An attorney or title company can help identify and evaluate any easements that affect your property.