Arizona Relocation Support - Guide To Arizona

Welcome to Arizona

Phoenix Adventure

Arizona Adventure Search:

Property and Water Rights

Property Rights

*Feudal System

Land ownership by government

*Allodid l System Land ownership by individuals (used in United States)

*Property

Rights and interests of an individual in anything, ownership

These rights are collectively called Bundle of Rights

*Bundle of Rights These rights include:  possession, quiet enjoyment (no one challenges title), use, ability to encumber, and to sell (disposition)

*Laches failure to avail yourself of a remedy within a reasonable time

Hereditaments All inclusive kind of property, anything that is capable of being inherited

Two Kinds of Property: 1.  Real Property (Realty)

Land and anything attached to or growing on it (nature)

(Possession) Conveyed (transferred) through a deed(Ability to encumber/sell) Can be pledged as security for a loan by using a mortgage, trust deed or an agreement of sale2.  Personal Property (Personality /Chattel)

All property that is not real property

(Possession) Transferred through a Bill of Sale(Ability to encumber/sell) Can be pledged as security for a loan, done by a Security Agreement

Characteristics of Adventure: 

1.  Scarcity

Only 17% of Arizona is privately owned

Not much of it, the more expensive it is

2.  Improvements

Worth more if there is something included

Lot is worth more with a house

3.  Fixed Investment

Not liquid (money can easily received)

Real estate is fixed and cash is not easily accessed

4.  Situs

Location is key when trying to get a good price

*Hypothecate

To put up for security, but keep the possession (Example:  mortgage, trust deed, land contract)

Kinds of Real Property: 

Land Earth in its natural state, with certain physical characteristics such as:  immobility, indestructibility, non-homogeneous (no two are alike)

Legal Concept of Land Land limited to the surface of the earth, yet extends downward to the center of the earth and upward (skyward) to infinity

*Tenements

Corporal attachments to the land (Example:  building, fence, and tree)

*Fixtures Items that were once personal property however now have become attached to the real estate and are considered to be real property

*Guidelines for a Fixture:  (Hint:  MARIA Test) Method of attachment (built in, if attached probably real estate) daptation (is custom to the property, such as window screens)

Relationship of parties (when tenants add, ceiling fan, becomes part)

Intent of the annexor (did seller/owner intend to be)

Agreement of parties (needs to be written)

Fixtures that are part of one's trade (work) are considered personal property and can be removed prior to the ending of a tenant's lease. 

*Appurtenances

Right, privilege or improvement that passes with the sale of the land

*Types of Appurtenances: 

Corporeal (tangible) Attachments Items that are tangible (touchable), such as a barn with the sale of a farm

Incorporeal (intangible) Attachments Items that are intangible (not able to touch), such as water rights, mineral rights, or easements

Easements

Right to use another's land (without lease or ownership)Can be granted for many reasons such as:  ingress (access), egress (access), utilities

Two Types of Easements: 

Appurtenant Easement Right to another's land through a Dominant and Servient's property (Dominant property = land surrounding a Servient property, Servient property is in the middle with a Dominant property all around it)

Easement in Gross Right to another's land through a Servient's property only, Servient property is in the middle with a Dominant property all around it (Example:  used for utilities) three Ways Easements are Created: 1.  By grant 2.  By reservation (reserving the easement for one's self when transferring property to another)3.  By prescription (having consistently used for a specific period of time Adverse Possession)4.  By necessity

Four Ways Easements are Terminated: 1.  By recording an abandonment2.  By merger3.  If necessity no longer exists4.  Non-use (only if by prescription)

Water Rights: 

Riparian Rights Reasonable use theory (most have been dropped in Arizona, however are used for land adjacent to flowing water

Guidelines:  If land is located adjacent to a navigable stream the land owner's rights end at the stream's high water mark.  If the land is located adjacent to a non-navigable stream, the land owner's rights end at the center of the stream. 

Doctrine of prior appropriation Known as first in time, first in right Law requires a person file an application with the state to drill a well on a property (however the state has the right to reject or accept the application)

Two Types of Water: 1.  Surface Water Water above ground, no matter from what end it comes from.  Includes water flowing underground 2.  Ground Water Water from underground streams with unascertainable beds

Acre foot

43,560 cubic feet of water or 235,851 gallons

Amount of water to fill an acre of land, one foot deep

Avulsion

Sudden loss of land due to flowing water

Accretion

Known as alluvium or alluvion

Adding of land by the depositing of soil carried by flowing water

Arizona Ground Water Management Code: 

Created in 1980 by the Department of Water Resources (DWR)

Developed over the concern of overdraft

Overdraft is pumping ground water faster than it is replaced naturally

Objectives: 

Control Over-drafting

Provide means for allocating Arizona's limited ground water sources

Increase Arizona's water supplies by creating supplemental sources

Irrigation Non-Expansion Areas (I. N. A. )

Areas located in Douglas, Joseph City, and Harquahaha

Limits acreage to irrigated because of limited water supplies

Active Management Areas (A. M. A. )

Areas located in Phoenix, Pinal, Tucson, and Prescott

These areas have excessive Over-drafting Landowners may not automatically withdraw ground water, unless the landowner's well qualifies as an exempt well-Four Ways to Receive an Exempt Well: 

1.  Grandfathered Rights

2.  Withdrawal Permits

3.  Service Area Rights

4.  Storage and Recovery Permits

Exempt Well Maximum pump capacity of 35 gallons per minute and is used for non-irrigation purposes.  Individual must file a notice of intent with the Department of Water Resources (D. W. R. ) for approval, no fees or reports are required

Grandfathered Rights

Rights based on historic withdrawal.  When water right is sold to seller, seller must notify the Department of Water Resources (D. W. R. ) to receive a Certificate of Grandfathered Rights three Types of Grandfathered Rights: 1.  Irrigation Grandfathered Right Right to use ground water for irrigation, land must have been irrigated with ground water between 1975 1980 Land without irrigation grandfathered right may not be irrigated with ground water and this right may not be sold apart from a piece of land.  Grandfathered rights and land transfer together Irrigate means to apply water to two or more acres of land to produce plants for sale, human consumption or livestock feed.  Therefore, watering a lawn or golf course is not irrigation. 2.  Type 1 Non-Irrigation Grandfathered Right Right to use ground water for non-irrigation purposes, includes farmland that has since been retired from cultivation, an irrigation grandfathered right had by converted to a Type 1, can not be reconverted Land with Type 1 Non-irrigation grandfathered right may not be sold apart from the land to which it is attached. 3.  Type 2 Non-Irrigation Grandfathered Right Right to pump ground water for non-irrigation purposes, which equals the maximum amount pumped in any one year between 1975 1980 Land with Type 2 Non-Irrigation grandfathered right may sell the water right separately from the land. 

Withdrawal Permits permits available for any non-irrigation purpose, with conditions met (no domestic pumping for subdivisions)

Permits include General Industrial Use Permit

Service Area Rights Rights that allow cities, towns, private water companies, and irrigation districts to withdraw ground water to service their customers storage and Recovery Permits permit system created in 1986 by Arizona law regulating underground water storage

Permit system for wells retrieving underground stored water

Ground Water Management Plan-plan's goal for Phoenix, Tucson, and Prescott to not withdraw past the ground water recharge by 2005

Measuring and Reporting Ground Water Use Owners of non-exempt wells within Active Management Areas (A. M. A.  - Areas located in Phoenix, Pinal, Tucson, and Prescott) and Irrigation Non-Expansion Areas (I. N. A.  - Areas located in Douglas, Joseph City, and Harquahaha) must use approved measuring devices and submit annual ground water pumping reports to the Department of Water Resources (D. W. R. ) and pay an annual water withdrawal fee.  Non-exempt wells have a pumping capacity of less than 35 gallons a minute)

Developers in the Active Management Areas (A. M. A.  - Areas located in Phoenix, Pinal, Tucson, and Prescott) must demonstrate to the D. W. R.  (Department of Water Resources) sufficient water supply is available to meet the needs of the development for at least 100 years, prior to the sale of the land. 

Developers in Irrigation Non-Expansion Areas (I. N. A.  - Areas located in Douglas, Joseph City, and Harquahaha) must show adequate water supply or disclose the lack of it in all advertising and promotional material. 

Well Drilling and Registration

Individuals want to drill a well must file a notice of intent or an application for a well drilling permit .  The well driller must be licensed with the Department of Water Resources (D. W. R. ) and the State Registrar of Contractors. 

Enforcement Code

Penalties include civil fines up to $10,000 a day

Possible Test Questions: 1.  If zoning and deed restrictions are in conflict, which one should you follow The restriction that is the most restrictive is the one that must be followed.  This would mean that neither restriction would be violated. 2.  What are the four rights of the government concerning land ownership The four rights of the government concerning land ownership are:  police power (zoning, building codes), eminent domain (condemnation), taxation (real estate property taxes), and escheat (die without will/heirs the state takes the land3.  When do property taxes become a lien property taxes become a lien on January 1stor the first Monday in January. 4.  When are property taxes due property taxes are due, on October 1stor the first Monday in October or March 1stor the first Monday in March.  Hint:  Owe Now More More October November March May First Half First Half Second Half Second Half Due Delinquent Due Delinquent October November March May 1st or 1stor 1stor 1stor first Monday first Monday first Monday first Monday in October in November in March in May 5.  What is ad valoreum Ad valoreum means according to value.  6.  How are assessment taxes determined Assessment taxes are determined by the amount of frontage a property has that touches the street.  7.  What is a tenement A tenement is a tangible attachment to the land, such as a barn, fence or building.  8.  What is an incorporeal

An incorporeal is a non-tangible attachment to the land, such as mineral rights or water rights. 9.  What is an appurtenance

An appurtenance is a right, privilege or improvement that passes with the land.  It can be intangible (tenement) or tangible (corporeal).