Arkansas Easement and Right of Way (For Roadway Allowing Access to Lands) — Detailed Description In Arkansas, an easement and right of way for roadway access to lands is a legal concept that grants individuals or entities certain usage rights over another person's property for specific purposes. These easements and rights of way are crucial for ensuring access to landlocked properties, allowing individuals to traverse across private properties, and facilitating the construction and maintenance of public roadways. There are several types of Arkansas easements and rights of way related to road access, each serving distinct purposes and subject to specific legal regulations: 1. Private Easements: Private easements enable landowners to grant specific individuals or groups the right to access their property for a particular purpose, such as reaching a neighboring property or accessing water bodies. These easements are typically granted through legal agreements or recorded deeds and can be permanent or temporary. 2. Public Easements: Public easements are established by local or state authorities to provide public access to certain areas, including roadways, public parks, or recreational areas. Public easements ensure that individuals can use and enjoy such spaces while still respecting the private property rights of the landowners. Maintenance and upkeep responsibilities for these easements often fall on the governmental entity overseeing them. 3. Prescriptive Easements: Prescriptive easements, also known as easements by prescription, are acquired when an individual continuously and openly uses another person's property for a specific purpose without the owner's permission. To establish a prescriptive easement, certain legal requirements, such as the open and notorious use and the duration of usage, must be met. These easements may arise in cases where individuals have been using private roads for an extended period without explicit permission. 4. Implied Easements: Implied easements are those that arise implicitly through the actions or intentions of the landowner and the parties involved. They are not specifically granted in writing but are inferred from circumstances and are often related to the necessity of access. For example, if a landowner subdivides their property and sells a portion of it without any other explicit agreements, an implied easement may arise for the benefit of the newly created landlocked parcel to access public roads. It is important to note that the extent and limitations of Arkansas easements and rights of way are determined by state laws, local ordinances, and specific agreements between the parties involved. Disputes or conflicts related to these easements are typically resolved through legal proceedings, and it is advisable to consult an attorney specializing in real estate law for guidance in such matters.
Arkansas Easement and Right of Way (For Roadway Allowing Access to Lands)
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Transportation § 27-51-503. Stop or yield intersections. (a) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized by law.
(2) If a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his or her failure to yield right-of-way.
(1) When the lands, dwelling house, or plantation of any owner is so situated as to render it necessary to have a road from such lands, dwelling house, or plantation to any public road or navigable watercourse over the lands of any other person and the other person refuses to allow that owner the road, the owner may ...
§ 93.02 WIDTH OF COUNTY ROADS AND RIGHTS-OF-WAY. (A) All county roads in Jackson County are hereby set at a presumed width of 50 feet, providing a minimum of 25 feet of right-of-way on either side of the center line of each road.
The driver shall also yield to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. A driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding.
ofway, when it comes to utilities, is an agreement that allows a utility to use or access a piece of property ing to the terms of the easement. Easements are areas designated for overhead and underground utility access, and are usually defined when a lot or neighborhood is first platted.
(B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50?) wide, providing a minimum of twenty-five feet (25?) of right-of-way on either side of the center line.
