Arkansas Grant of Easement for Light and Air

State:
Multi-State
Control #:
US-01170BG
Format:
Word; 
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Description

Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

An Easement grants use of a part of property, but does not transfer interest. As such, the original property owner is still responsible for the taxes on the part of the property. Maintenance of the easement is usually the responsibility of the property owner.

The servient tenement (or the servient lands) is the land over which the easement runs and the dominant tenement (or the dominant lands) is the land that benefits from the easement.

Rights and privileges over your property given to others are usually called easements or rights-of-way. Restrictions on your land are called restrictive covenants.

Typical easements are 12 - 20 feet wide, the main transmission lines for water or sewer may have up to 50-foot easements and in most cases the easements will not be cut to full width.

A preservation easement allows a property owner to sell or otherwise plan for a property's disposition while ensuring that the historic character of the property will be preserved. The Arkansas Historic Preservation Program requires the donation of easements on all properties for which it gives a grant of over $10,000.

An easement in gross is a right allowing an individual to legally use a property owned by someone else. It is valid until the legal owner lives in or holds the property. An individual owning a property can legally allow others to make use of the property as per his/her wish.

The Court held that an easement for a broad grant of right of way use is limited only by its reasonable use based upon the scope set forth in the written agreement and not its historical use through the parties' course of conduct.

andair easement is a type of easement that prevents a neighboring landowner from building something that would block light or air from reaching another person's property.

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Arkansas Grant of Easement for Light and Air