Arkansas Assignment of Easements and Rights of Way

State:
Multi-State
Control #:
US-OG-513
Format:
Word; 
Rich Text
Instant download

Description

This form provides for the assignment of easements and rights of way.

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FAQ

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.

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.

If a person uses another's real property for more than the time allowed by state laws on adverse possession (what's called the statute of limitation period), that person may be able to "derive an easement by prescription." In other words, you have a legal right to use the land.

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.

An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use.

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.

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Arkansas Assignment of Easements and Rights of Way