Arkansas Amendment to Easement and Right-of-Way
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FAQ
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.
While owning landlocked property in Arkansas can be challenging, the state provides a legal avenue for landlocked property owners to establish road access to and from their property. To establish an easement, it's crucial to follow the legal requirements and procedures outlined in the law.
(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 ...
Having right-of-way means that utilities can access the area to fix a utility-related problem or to perform maintenance. Easements outline general property rights by others while right-of-way (as its name implies) is a specific property right.
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.
Amendment 55: Authority and exclusive control over county roads was given to the County Judge by Amendment 55, Section 3, of to the Arkansas Constitution: "The County Judge shall ... operate the system of county roads ...."
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 ...