Check with these professional Easement Lawyers to know the best move to make based on your specific needs. February, 2008 By Ronald L. Richman. Arkansas Laws. Before you can get rid of an easement, you must determine what type of easement it is and how it was created. Easement by Necessity Law and Legal Definition An easement by necessity is an easement implied by law under certain circumstances. An easement may be classified as either an easement appurtenant or an easement in gross. ), she was allowed to form a circular driveway which extended onto her neighbor''s property. App. The legal ability of a property owner to use a right-of-way over the lands of another because the owner's property is landlocked and has no direct access to any public roads. The Arkansas Court of Appeals (“Court”) in a December 2 nd opinion addressed whether a property owner qualified for an easement by necessity if the only available access was through Section 404 Clean Water Act jurisdictional wetlands. The courts will find an "easement by necessity" if two parcels are so situated that an easement over one parcel of land is strictly necessary to the use and enjoyment of the other parcel of land.
Arkansas Easement Law. The clear law of Arkansas for decades has required proof of an adverse claim of ownership or right of possession before a claim based on prescriptive easement or adverse possession can be upheld. Below are some of the common examples of easement agreement contract forms that property owners can use and manipulate: 1. The legal ability of a property owner to use a right-of-way over the lands of another because the owner's property is landlocked and has no direct access to any public roads. A common type of easement appurtenant is an easement by necessity. Unlock Content Over 79,000 lessons in all major subjects An Easement by Necessity is where one parcel of land is completely landlocked. Arkansas Easement Law : CONNIE WATKINS AND RICHARD WATKINS V. ARKANSAS DEPARTMENT OF AGRICULTURE : Nearly twenty years ago, appellants and PLWC first clashed regarding the method in which PLWC was trimming trees on appellants’ property during its power-line maintenance. The dispute escalated in 2006. The Court upheld a Lonoke County Circuit Court decision … My 97 yr old aunt died in Sept 2007.
There is no way for the owner of that land to access a public road. However, the easement may be revived, if the bank takes possession of a part of the dominant estate; or, if the easement was created by necessity and the necessity no longer exists. Once an easement is granted, the grantor may not interfere with the grantee's use of that easement. that an easement is a contract under Arkansas law. Such easements are most commonly implied in favor of grantees that have no access to their land except over other lands owned by the grantor or a stranger; the law will imply an easement over the grantor's land in such a situation. Our supreme court has said that the statutory period of seven years for adverse possession applies to prescriptive easements. This is an easement created in Law because the easement is necessary for the reasonable use of the landlocked property. The appellees concede that their use of the driveway and the property south of it was permissive, and that it was consistent with the permissive use made of that area by their predecessors. That is, the easement is created not by a specific promise or agreement between neighbors, but because the law implies its existence to achieve just results. 681 (2015).
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