Arkansas Non-Exclusive Roadway Right of Way

State:
Multi-State
Control #:
US-OG-1054
Format:
Word; 
Rich Text
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Description

This form is a non-exclusive roadway right of way.

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FAQ

(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.

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.

A preservation easement allows a property owner to sell or otherwise plan for a property's disposition while ensuring that the historic character of the property will be preserved. The Arkansas Historic Preservation Program requires the donation of easements on all properties for which it gives a grant of over $10,000.

A prescriptive easement is a property right that is held by someone other than the property owner ? in our example, schoolchildren ? to use a property in a very specific way: to get to and from school.

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.

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.

(b) The presumed width of a public road shall be fifty feet (50'), providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

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Arkansas Non-Exclusive Roadway Right of Way