This is a sample form for use in transactions involving easements, an Easement for Street and Roads. Allows a perpetual, non-exclusive right of way and easement to construct temporary and permanent streets or roads.
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 Easement for Streets and Roads
State:
Multi-State
Control #:
US-EAS-6
Format:
Word;
Rich Text
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FAQ
(b) The presumed width of a public road shall be fifty feet (50'), providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line.
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.
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.
A prescriptive easement is a property right that is held by someone other than the property owner ? in our example, schoolchildren ? to use a property in a very specific way: to get to and from school.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
As a legal document, an easement in Arkansas should be filed and recorded in the land records with the county recorder in the county where the property is located.
The prerequisites to the creation of an easement by necessity are: 1) the titles to the two tracts in question must have been held by one person; 2) the unity of title must have been severed by a conveyance of one of the tracts; 3) the easement must be necessary in order for the owner of the dominant tenement to use ...
Arkansas law provides a way for owners of landlocked parcels to petition for an easement through another party's property to access their landlocked property.