Arkansas Easement and Right of Way In Arkansas, an easement and right of way refers to a legal agreement that grants certain rights and privileges to utility companies, specifically related to the installation, maintenance, and operation of electrical and communication lines and facilities. This agreement allows the utility companies to access, cross, and use privately owned properties for their infrastructure needs. Here are some key aspects and types of Arkansas easements and right of way for electrical and communication lines and facilities: 1. Utility Easement: A utility easement is a specific type of easement that grants utility companies the right to access and maintain electrical and communication lines on private properties. These easements are usually recorded as a formal agreement in the property's deed or title. 2. Transmission Line Right of Way: Transmission line right of way grants utility companies the authority to construct and operate high-voltage power lines that carry electricity across long distances. These rights of way are necessary for establishing power transmission corridors and ensuring reliable electricity distribution across the state. 3. Distribution Line Easement: Distribution line easements provide utility companies with the right to install and maintain electrical lines within urban and suburban areas. These easements are crucial in ensuring uninterrupted electricity supply to residential, commercial, and industrial properties. 4. Access Easement: Access easements allow utility companies to access private properties for the purpose of maintaining and repairing communication facilities. This includes access to buildings, structures, and equipment necessary for the provision of communication services, such as fiber-optic lines and internet infrastructure. 5. Construction Easement: Construction easements are temporary rights granted to utility companies during the construction phase of new electrical or communication lines and facilities. These easements allow the companies to temporarily utilize portions of private properties for equipment storage, access roads, and construction activities. 6. Maintenance Easement: Maintenance easements provide utility companies with the right to conduct necessary maintenance activities on existing electrical and communication infrastructure, including routine inspections, repairs, and upgrades. These rights ensure the efficient operation and reliability of the utility services. Arkansas' easements and right of way for electrical and communication lines and facilities are essential for the smooth functioning of utility services across the state. These legal agreements ensure that utility companies can install, operate, and maintain their infrastructure without encroaching on private property rights. It promotes efficient electricity distribution, reliable communication services, and the overall development of Arkansas's infrastructure.
Arkansas Easement and Right of Way (For Electrical and Communication Lines and Faciliites)
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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 ...
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
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.
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.
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.
Easements are areas designated for overhead and underground utility access, and are usually defined when a lot or neighborhood is first platted. Easements are implemented because it is more efficient and less expensive to run utility lines straight through neighborhoods than it is to run them around parcels of land.