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What is a right-of-way easement?

If you are a property owner in Arkansas, you may come across something called a right-of-way easement. According to Zacks, this is an arrangement where someone else can use part of your property to access his or her property. For example, if your neighbor owns a small area of land behind your house that is not accessible by a public roadway or another driveway, then he or she may be able to get a right-of-way easement that he or she can use to reach the property.

This is a legal right and you will see it on the deed to your property. You should have learned of it when you bought the property if it was not created since you bought it. The right is just for access. It does not mean the other person can use your property in any other way. You still own the property. You hold all responsibility to the property, including the area used by the other person.

You may be able to create an agreement with the other person to help you maintain the access area or even to help with taxes. It is important to maintain a good relationship with the other person since you will likely have interactions often.

A right-of-way easement may also pertain to a utility company. If the company has lines on your land, it may get an easement to get access to those lines for maintenance and repair. This agreement would be exactly like the one with an individual.

Do keep in mind, a right-of-way easement may affect your property value. It could lower the value due to the legally bound agreement. This information is for education and is not 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
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