An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Arkansas Easement for Utilities
State:
Multi-State
Control #:
US-00500
Format:
Word;
Rich Text
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Description
This Easement for Utilities is from Grantor to Grantee for a permanent utility easement and right-of-way with the right to erect construct, install, lay and use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances that may be required, over, across and/or under a certain parcel of real property as described in the agreement. This agreement can be used in any state.
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FAQ
Acquiring a prescriptive easement is analogous to acquiring property by adverse possession, except that the use need not be exclusive (i.e., the user may share the use with the owner or other easement claimants).
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Ing to common law in Arkansas, title to real property could be changed by adverse possession if that possession were open, notorious, exclusive, continuous (for seven years), and intentional.
Every instrument affecting the title, in law or in equity, to real property in Arkansas, including easements, which is required by law to be acknowledged or proved and recorded will be constructive notice to all persons from the time the easement is filed for record in the office of the county recorder in the county ...
Easements by prescription are created when a trespasser ? a person without an ownership interest in the property and without the permission of the property owner ? continually and openly uses a portion of another person's property for a specific reason, generally as a shortcut or to access an attraction like a lake or ...
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
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.