The Arkansas Road and Utility Easement Agreement is a legal document that grants rights to individuals or organizations to access, maintain, and use designated areas for constructing and maintaining roads, utilities, or infrastructure. This agreement ensures that the specified party has the necessary rights and permissions to occupy and utilize the land for the specified purposes. In Arkansas, there may be different types of Road and Utility Easement Agreements based on the specific needs and requirements of the parties involved. Some common variations include: 1. Public Road and Utility Easement Agreement: This type of agreement is typically established between a government entity, such as a city or county, and a utility company or contractor. It allows the utility company or contractor to access public land for installing, repairing, or maintaining utility structures like pipelines, electrical lines, or fiber optic cables. 2. Private Road and Utility Easement Agreement: This agreement is usually entered into between two private parties, where one party grants easement rights to the other for constructing or accessing a private road or utility infrastructure. This may occur when a landowner allows a neighboring property owner to access their land to install utility lines or create a shared private road. 3. Conservation Road and Utility Easement Agreement: This agreement pertains to situations where both the government and private landowners are involved. It is commonly used in conservation efforts, where private land is granted easement rights for the construction and maintenance of roads or utilities required to access and preserve protected natural areas or wildlife habitats. 5. Temporary Road and Utility Easement Agreement: This type of agreement is typically temporary and grants limited access rights to a specific area for a predetermined period. It may be used during construction projects, events, or emergencies that necessitate temporary road or utility access. When drafting an Arkansas Road and Utility Easement Agreement, it is crucial to include specific details such as the location and boundaries of the easement area, the purpose and scope of the easement, limitations and restrictions on the use of the land, maintenance responsibilities, compensation, duration of the easement, and any necessary indemnification or insurance requirements. It is advisable to consult with legal professionals specializing in real estate law or easement agreements to ensure that all relevant state laws and regulations are adhered to and to create a comprehensive document that protects the rights of all parties involved.
Arkansas Road and Utility Easement Agreement
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FAQ
Easements are areas designated for overhead and underground utility access, and are usually defined when a lot or neighborhood is first platted.
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.
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.
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.
Under Arkansas Statutes, 27-67-218 and 27-67-304 public utilities may use highway right-of-way for the purpose of installing utility facilities, provided such use will not interfere with the use of the right-of-way for highway purposes. Utility owners must secure a permit and post a bond prior to performing any work.
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.
