Protecting Pre-1982 Utility Easements
Easements for utilities, telecommunications lines, and cable systems were not always documented with the precision expected today. Before September 15, 1982, many easement documents described the property being burdened but did not specify the exact path or width of the easement itself. 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 subject to the easement) must be sufficiently described. If it is, the easement stands, even if the document never specified exactly where the utility line runs or how wide the corridor is.
Why This Matters for Property Owners
If you own property in Arizona that has a pre-1982 utility easement recorded against it, this statute means that easement is likely still valid and enforceable. Title searches and property transfers should account for these older easements, even when the legal descriptions are less detailed than modern standards require.
For anyone buying property, transferring real estate into a trust, or reviewing title commitments, understanding the status of existing easements is part of the process. A title company or experienced counsel can help identify and evaluate any easements that affect your property.
