An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Arkansas General Right-of-Way Instrument
State:
Multi-State
Control #:
US-00497
Format:
Word;
Rich Text
Instant download
Description
This Easement for Right-of-Way is between the Grantor and Grantee for a non-exclusive right-of-way, servitude and easement for the purpose for the purpose as is described in the agreement over the property described in the agreement. This is a contract that can be used in all states.
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How to fill out General Right-of-Way Instrument?
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FAQ
(2) If a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his or her failure to yield right-of-way.
ofway, when it comes to utilities, is an agreement that allows a utility to use or access a piece of property ing to the terms of the easement. Easements are areas designated for overhead and underground utility access, and are usually defined when a lot or neighborhood is first platted.
(1) When the lands, dwelling house, or plantation of any owner is so situated as to render it necessary to have a road from such lands, dwelling house, or plantation to any public road or navigable watercourse over the lands of any other person and the other person refuses to allow that owner the road, the owner may ...
The existing right of way width varies between 50'- 346'. Proposed improvements to Highway 35 include two 12'-16' wide travel lanes with 4'-8' wide shoulders. The proposed right of way averages between 98'-120'. Approximately 8.9 acres of additional right of way will be required for this project.
In 2014, Arkansas Code § 27-66-401 was enacted, allowing landlocked property owners to petition for an easement via appointed ?viewers? to establish road access to and from their property.
(A) All county roads in Jackson County are hereby set at a presumed width of 50 feet, providing a minimum of 25 feet of right-of-way on either side of the center line of each road. All new county roads established after passage of Ordinance 2011-3 shall be a minimum of 50 feet as described above.
(B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50?) wide, providing a minimum of twenty-five feet (25?) of right-of-way on either side of the center line.
After the easement is granted, the property owner continues to maintain the easement just like the rest of the yard. What can/cannot be in an easement? Ground covers or grasses may be planted within an easement. No trees or shrubbery of any size shall be placed within five feet of a manhole or City utility easement.