• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Easement needed

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Duckme

Junior Member
What is the name of your state? Arkansas

I have a piece of property(140 acres) that I would like to sell or develop, but I have a problem in the fact that I use an easement(dirt road) to enter the property that I don't own. There is no other way into the property. The road has been the only way to access the property for 100+ years(I have owned the property for 9 years), but there isn't a legally recorded easement on file at the county courthouse. There are two property owners that the road travels over which covers approximately 1/3 of a mile. Both property owners are unwilling to sell me a legal access to my property so I can either sell it easier or develop.

Is there any legal way that I can get a regular easement?
Is there any legal way that I can get a developmental easement(60 foot)?
How many people living down this road would constitute the making of a county road?

Thank you for all responses,
 


ms.magoo

Member
If what you tell us is true, an that you have no other way to access in an out of your property, then its time you went out an hired a attorney. It doesn't matter what the other neighbours say, if you need that easement then it would be a easement of neccesity (sp?). Get your lawyer to draw up a proper easement agreement an take the matter to a court of law. I'm sure that a Judge would find you as being reasonable for requesting a legal easement to access your property. You might have to end up paying for that easement, but once its registered it will run with your land an then there is absolutely nothing that they should be able to do to deny you your legal access. :D
 

HomeGuru

Senior Member
Duckme said:
What is the name of your state? Arkansas

I have a piece of property(140 acres) that I would like to sell or develop, but I have a problem in the fact that I use an easement(dirt road) to enter the property that I don't own. There is no other way into the property. The road has been the only way to access the property for 100+ years(I have owned the property for 9 years), but there isn't a legally recorded easement on file at the county courthouse. There are two property owners that the road travels over which covers approximately 1/3 of a mile. Both property owners are unwilling to sell me a legal access to my property so I can either sell it easier or develop.

Is there any legal way that I can get a regular easement?
Is there any legal way that I can get a developmental easement(60 foot)?
How many people living down this road would constitute the making of a county road?

Thank you for all responses,
**A: hire a real estate attorney to file for a prescriptive easement.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top