Understanding Easements and Right of Way

Published on January 25, 2024

Aerial view of a residential street with a marked 50-foot right of way. Green and red shaded areas highlight the street and surrounding zones. Rectangular houses line both sides.

Homeowners may have noticed some unscheduled construction being conducted on their property in recent weeks. Most of the communities within the City of Maricopa, have an area on the front yard called “Public Utility Easement (PUE)”. The P.U.E. is critical for ensuring property owners have access utilities such as power, water, sewer, gas and telecommunications services . The P.U.E. also provides utilities the legal right to access the area to perform maintenance to existing utilities and installation of new lines. A common practice throughout the U.S. in subdivision design, this 8’ wide stretch of land is often overlooked by the general public but is fundamental in helping shape the broader needs of communities. 

The first question that property owners often ask is: what is an easement? Simple put, easements are an area of private or public land set-aside for specific use or purpose giving the city and utility companies the right to construct and maintain facilities or infrastructure in that specifically designated land. 

Right of way is a dedicated area that is for the use and benefit of the public as part of a transportation system. This includes streets, curbs, sidewalks, bridges, and more.

In the City of Maricopa, the Right-of-Way (ROW) within a neighborhood can range from 50-60 feet wide and is measured from the center line of the street. The P.U.E.  is an 8 feet area located back of the ROW line. See the images below for both a detached sidewalk street and an attached sidewalk street.

Aerial view of a residential street, highlighting a 50-foot right of way in green flanked by red zones and houses. Arrows indicate 8-foot utility easements.


Figure 1 - City Street with Detached Sidewalk

Aerial view of a suburban street with a 50-foot right of way marked in yellow. Homes with solar panels, green lawns, and red zones flank the road.

Figure 2 - City Street with Attached Sidewalk 

The creation of easements is a standard requirement per City Code and vital for urban development and future planning, ensuring the delivery of essential services and utilities with minimal interruptions. Water, electricity, and telecommunication upgrades cannot be performed in a timely and efficient manner without the advent of easements. It also can prevent legal hurdles from impeding companies from providing critical maintenance to accidental service interruptions.

The importance of easements and right of way cannot be stated enough. They shape how we utilize and access land for both personal and community needs. Understanding and respecting these areas is essential for building harmonious relationships between property owners, the municipal government, and the broader community. We’d like to thank the community for their patience and understanding during construction as we continue to evolve into a premier city.