Arkansas Easement and Right of Way (For Electrical and Communication Lines and Faciliites)
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FAQ
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 ...
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
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.
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.
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.
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.
As a legal document, an easement in Arkansas should be filed and recorded in the land records with the county recorder in the county where the property is located.
Easements are areas designated for overhead and underground utility access, and are usually defined when a lot or neighborhood is first platted. Easements are implemented because it is more efficient and less expensive to run utility lines straight through neighborhoods than it is to run them around parcels of land.