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Does a person have a right to cross over your land?

Some Arkansas land owners may be confused if someone claims the right to cross over their land to get to a stream where they like to fish, or if a person wants to drive over the edge of their property to get to a parcel of land. Do people really have rights to use your land even though you own it? In some cases, the answer is yes. 

According to Court House Direct, individuals may possess a right of way over your land. While some land crossing rights may be specific to one individual, a right of way applies broadly to any individual that needs to cross through your land to reach another location. These rights can also apply to pipes and electrical wires that need to stretch across your land to reach another property, and the maintenance workers that may need to show up to conduct work on them.

It is important to find out if part of your land is subject to right of way so that you can accurately determine the value of your property, since land crossing rights can affect the value of land. Right of way rights also limit what you can build on your land. You would likely be forbidden from building a home on a parcel of land that is reserved for right of way access.

If you remain unsure if right of way access applies to your property, you can examine your deed to see if a right of way provision is included. If possible, check on the use history of your property, as people in the past may have used right of way on the land. Another option is to consult the county government for information on your land and nearby properties.

Be aware that this article is written for educational purposes and should not be taken as legal advice.

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Gramling Estes Law Firm

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Gramling Estes Law Firm
One East Center #140
Fayetteville, AR 72701

Phone: (479) 521-4444
Fax: (479) 521-6730
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