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.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
Arkansas Easement for Driveway: An easement for driveway in Arkansas refers to a legal right granted to certain individuals or properties to use someone else's land or property for accessing a specific driveway. This is essential when a property lacks direct access to a public road and requires passage through an adjacent property. The easement ensures that the property owner possesses the legal authority to use the driveway for accessing their land or property. There are different types of easements for driveways that can be recognized in Arkansas: 1. Affirmative Easement: An affirmative easement grants the property owner the right to use the driveway, allowing them to enter or exit their property through the designated pathway. This easement may be established through an agreement or by law. 2. Negative Easement: A negative easement prohibits the owner of the serving property (adjacent property) from interfering with the use of the driveway by the beneficiary (property owner). This type of easement prevents obstructions or hindrance that may affect the driveway's use. 3. Appurtenant Easement: An appurtenant easement is attached to the land itself, rather than the property owner. This means that the right to use the driveway passes with the property from one owner to the next. It benefits the property owner and is usually associated with properties that lack direct access to the road. 4. Easement in Gross: Easement in gross is granted to an individual or entity rather than to a specific property. It gives a particular person or organization the right to use the driveway, regardless of their ownership or location. This type of easement is often established between neighboring properties or by a legal agreement. 5. Express Easement: An express easement is established through a written agreement between the parties involved. It clearly outlines the rights and responsibilities of each party regarding the use of the driveway. This type of easement can be created through a contract, deed, or other legally binding documents. 6. Implied Easement: An implied easement is not explicitly stated in a legal document but is inferred based on the actions or circumstances of the use of the driveway. This type of easement often arises when a previous owner divided a property, and one portion relies on the other for access, even though it is not explicitly stated in the deed. In conclusion, an Arkansas easement for driveway provides the necessary legal framework for property owners to access their land or property through the use of someone else's driveway. The different types of easements, such as affirmative, negative, appurtenant, in gross, express, and implied, cater to various situations and requirements of the parties involved. It is crucial for property owners to understand their rights and obligations when establishing or using an easement for driveway in Arkansas.
