An Arkansas easement and right of way refers to the legal permission granted to someone for nonexclusive, permanent use of another person's private road. This easement allows the designated individual or entity to access a certain area or property by utilizing a private roadway owned by someone else. This arrangement is often established through a legally binding agreement, ensuring that the granted party can pass through the private road without obstructing the rights of the property owner. In Arkansas, there are different types of easements and rights of way (nonexclusive, permanent use of granter's private road) that can be categorized based on specific factors or the nature of the agreement. These categorizations include: 1. Express Easements: These easements are established explicitly and in writing, usually through a legal document such as a grant, deed, or contract. Express easements clearly outline the rights and responsibilities of both the granter (property owner) and the grantee (individual/entity receiving the easement). 2. Implied Easements: Implied easements are not explicitly stated in writing but are created by certain circumstances, actions, or prior use. They are typically based on an implied intention of the property owner to allow the given use of their private road. 3. Prescriptive Easements: Prescriptive easements are acquired when an individual uses another person's private road openly, notoriously, continuously, and without the owner's permission for a specific period. This claim is similar to adverse possession, where the use of the road for a certain duration grants the user the right to continue using it permanently. 4. Easements by Necessity: Easements by necessity are established when one property is landlocked, meaning it has no direct access to a public road. In such cases, the landlocked property owner may be granted an easement over a neighboring property's private road for essential and reasonable access. It is important to note that each easement and right of way agreement may have specific terms and conditions unique to the situation. These terms can include the extent of use, maintenance responsibilities, and any financial considerations, among others. It is crucial for both parties involved to thoroughly understand and agree upon the terms before entering into an Arkansas easement and right of way agreement. In conclusion, an Arkansas easement and right of way (nonexclusive, permanent use of granter's private road) is a legally recognized permission for an individual or entity to access a specific property by utilizing someone else's private road. There are various types of easements in Arkansas, including express, implied, prescriptive, and easements by necessity. Each type serves different purposes, but they all aim to ensure reasonable and lawful access to properties while respecting the rights of both the granter and the grantee.
Arkansas Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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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. No trees or shrubbery of any size shall be placed within five feet of a manhole or City utility easement.
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.
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 ...
(a) No person shall turn a vehicle from a direct course upon a highway unless and until the movement can be made with reasonable safety and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by the movement or after giving an appropriate signal in the manner provided ...
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.
(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 ...
Turning at intersections. (A) The approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right one-half (½) of the roadway nearest the center line and by passing to the right of the center line where it enters the intersection.
(a) It shall be unlawful for any person to drive or operate any vehicle in such a careless manner as to evidence a failure to keep a proper lookout for other traffic, vehicular or otherwise, or in such a manner as to evidence a failure to maintain proper control on the public thoroughfares or private property in the ...
