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Real property

right of way easement

A right of way is an easement that allows a person to travel through another person’s property to get to certain location. For example, a person might travel through a neighbor’s land to reach a public road or highway. A right of way can be offered to one person, several people, or the public.

In Arkansas, a right of way is a type of easement that grants the holder the right to travel over another person's property for a specific purpose, such as accessing a public road or highway. This right can be established in various ways, including through an express grant in a deed, by implication, by necessity, or through prescriptive use over time. Arkansas law recognizes both public and private rights of way. Public rights of way are typically held by governmental entities for the use of the general public, while private rights of way are for the benefit of specific individuals or entities. The creation, scope, and termination of rights of way in Arkansas are governed by state statutes and case law. It is important for property owners and those seeking to establish or use a right of way to understand the specific legal requirements and procedures involved, which may include formal agreements, court orders, or adherence to statutory conditions.

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Real property

right of way easement

Individual & Family Legal Plan

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Arkansas State Code

Real property

right of way easement

Arkansas State Code

Articles