What type of easement is automatically implied by law in Arizona when property is subdivided?

An easement by necessity arises in situations where a property owner cannot access their land without crossing over a neighboring property. In Arizona, when property is subdivided, the law implies that certain easements are necessary for the benefit and use of each subdivided parcel. This is particularly important for properties that may be landlocked due to the division and require access to roadways or services.

The rationale behind this is to ensure that all parcels of land have a functional and legal means of access, which is fundamental to property use and development. Thus, when a property owner subdivides their land, the law recognizes the need for access and, therefore, implies an easement by necessity as part of the subdivision process. This ensures that new property owners can make practical use of their land without undue hardship.

Other types of easements listed do not automatically arise in this context. A temporary easement, for example, is granted for limited periods and specific purposes; a prescriptive easement requires continuous and open use over time; while a future easement refers to an easement that is intended for future use but does not currently exist. Each of these does not fit the immediate need created by subdivision in the same way an easement by necessity does.