An easement is an interest in land that is owned by another person and gives the easement holder or easement owner the right to use or control the other person’s land in some limited way—such as the right to drive across another person’s private property to access a public highway or other public road (an ingress-and-egress easement).

There are many different types of easements, depending on the nature of the use of the land—such light-and-air easements; mineral easements; timber easements; noise easements; and railroad easements—and how the easement was acquired—an express easement; an implied easement; a prescriptive easement; an easement by necessity; or an easement by estoppel, for example.

There are also negative easements that prohibit the owner of a property (the servient-estate) from doing something, such as building a home or structure that blocks the view or sunlight for an easement holder—often an adjoining property owner (the dominant estate).

Public utility companies (gas, electricity, telephone, water, sewer, cable, etc.) often have easements to place utility transmission, distribution, or power lines on private property and access them for installation, repair, and maintenance.

Laws regarding easements vary from state to state and may be located in a state’s court opinions (also known as its common law or case law) or in its statutes.

In Arkansas, easements are recognized as a legal interest in land that allows the holder to use the property of another for a specific purpose. Types of easements in Arkansas include, but are not limited to, ingress-and-egress, light-and-air, mineral, timber, noise, and railroad easements. The creation of an easement can occur in various ways, such as through express agreement, implication, prescription, necessity, or estoppel. Negative easements, which restrict the servient estate owner from performing certain actions that could affect the dominant estate, are also recognized. Public utility companies frequently hold easements for the purpose of installing and maintaining their infrastructure. Arkansas law regarding easements is derived from both statutory law and common law (court opinions). It is important for easement creation, transfer, and termination to comply with state laws and local regulations, and disputes are often resolved in court. An attorney can provide specific guidance on easement issues in Arkansas, including the rights and obligations of the easement holder and the property owner.