Arkansas General Form for Deed Granting Easement

State:
Multi-State
Control #:
US-01176BG
Format:
Word; 
Rich Text
Instant download

Description

An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying 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

In Arkansas, there are a number of different situations in which real property is transferred from one person to another, but they each have one thing in common ? a deed. A deed is the legal document which officially transfers ownership of a piece of property. Without a deed, there cannot be an actual transfer.

Arkansas charges a real property transfer tax for real estate transfers involving more than $100.00 in payment. The total transfer tax rate is $3.30 per $1,000.00 of consideration?two-thirds of which is expressly the new owner's responsibility.

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.

Easements can be created by a deed to be recorded just like any real property interest, by continuous and open use by the non-owner against the rights of the property owner for a statutory number of years, or to do equity (fairness), including giving access to a "land-locked" piece of property.

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.

Arkansas deeds are recorded with the county recorder's office for the county where the property is located. In most Arkansas counties, the circuit clerk acts as county recorder and is responsible for maintaining land records and recording deeds. In other counties, the county clerk serves as county recorder.

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Arkansas General Form for Deed Granting Easement