22.5.1 Easement Holders.

• Jurisdiction: Arizona

22.5.1 Easement Holders. An easement holder has no duty to warn or protect third parties from dangerous conditions which were not installed or maintained by the easement holder and which are not for the easement holder’s use.¹⁵ The easement holder’s duty is only to act reasonably in its use of the servient estate.¹⁶ Put another way, an easement holder’s duty is circumscribed by the easement holder’s interest in land.¹⁷ Thus, for example, a flood control district had no duty to make safe a drainage ditch owned by a municipality, but upon which the district had an easement, where the...