If you’re in the market for some Arkansas real estate, beware the trap of the “landlocked” property. In the real estate world, “landlocked” isn’t about finding treasure on an isolated island; it means the land has no direct access to public roads or highways, effectively marooned by other properties. This article dives into the peculiar world of landlocked property Arkansas and the legal gymnastics often required to deal with it.
What Does Landlocked Mean in Property Law?
What exactly does “landlocked” mean when it comes to property law? Well, a landlocked property Arkansas is like a castle surrounded by a moat: it’s completely enclosed by other lands, leaving the owner with no direct path to public roadways. This setup can spark a legal crusade as the landlocked soul must negotiate passage through neighboring territories just to hit the road. To find out more about landlocked properties in West Virginia then we check out our blog post on it.
What is the Easement of Right of Way in Arkansas?
An easement of right of way in Arkansas is like getting a VIP backstage pass; it’s a legal agreement that lets the owner of a landlocked property Arkansas strut through neighboring land to reach civilization (a.k.a. the public road). Gaining this right can be choreographed in several ways: through a harmony of written agreements, the ancient dance of prescription, or the necessity routine when no other access options exist. Sometimes, Arkansas courts step in to choreograph the easement based on a ‘quasi-easement’—a common law move that recognizes historical usage patterns. If you’re curious about landlocked property in Kentucky, we can help with that too.
Do You Have to Give Easement in Arkansas?
So, must the neighbor roll out the red carpet and grant you passage? Not exactly. In Arkansas, no law forces property owners to automatically grant an easement of right of way to the owners of landlocked property Arkansas. However, if the court spots a landlocked property owner doing a high-wire act to access their land, it may intervene and order the neighbor to grant an easement, ensuring the landlocked party doesn’t have to pack a grappling hook to access their property.
Why is Landlocked Bad to Purchase?
Buying landlocked property Arkansas can feel like purchasing a boat without an oar. Without established access rights, such as an easement of right of way, the property might be as unreachable as a desert island. Furthermore, if you find yourself needing to establish such access, prepare for potentially costly and complex negotiations with your neighbors or, heaven forbid, a long-drawn-out court battle to secure passage. It doesn’t matter if the landlocked property is in Mississippi or Louisiana, we can help!
What is the 7 Year Fence Law in Arkansas?
Arkansas has a peculiar “7 year fence law” that might sound like folklore but is actually pretty serious business. This law asserts that a fence or boundary existing peacefully for at least 7 years should be considered the legitimate dividing line. This can be a game-changer in disputes, turning old fences into de facto property lines.
Who is Responsible for Maintaining an Easement in Arkansas?
In Arkansas, the owner of the landlocked property is typically responsible for maintaining the easement of right of way. This includes keeping the access road or pathway clear and in good condition. However, the neighboring property owner may also have certain responsibilities, such as not interfering with the landlocked property owner’s use of the easement.
In Arkansas, if you’re the proud or puzzled owner of a landlocked property, generally, you’re responsible for maintaining any easement of right of way. This means ensuring that the path to civilization is navigable. However, your neighbor isn’t off the hook—they must not block or otherwise mess with your rightful passage.
What Does Landlocked Status Mean?
When a parcel is tagged as “landlocked property Arkansas,” it means no direct route to a public thoroughfare exists. This tricky scenario often requires the landlocked property owner to either sweet-talk or legally wrangle with neighbors for a right of way, adding layers of complexity to property ownership.
What is the Arkansas Code 27 66 401?
Under the Arkansas Code § 27-66-401, landlocked property owners in Arkansas have a few avenues to legally claim right of way. This could be through a friendly written agreement with the neighbor, by using the route openly for seven years until it becomes legally recognized (prescription), or out of sheer necessity—if it’s the only way to access their property.
How Far Does a Fence Have to be From the Property Line in Arkansas?
Arkansas doesn’t have a hard and fast rule about how close your fence can snuggle up to the property line. But, landowners be warned: any damage caused by your fence or related activities (like enthusiastic post digging) to the neighbor’s property could see you footing the bill for damages.
Is It Illegal to Remove Survey Stakes in Arkansas?
Yes, it is illegal to remove survey stakes in Arkansas. Survey stakes are used to mark property boundaries and other important features, and removing them can lead to confusion and disputes over property lines. In Arkansas, hiding or tossing away survey stakes is a big no-no. These stakes are vital for marking boundaries clearly, and moving them around can stir up a hornet’s nest of property disputes. It’s actually a misdemeanor to mess with them, so best leave those stakes in peace.
Conclusion to Landlocked Property Arkansas
In conclusion, buying a landlocked property Arkansas can turn into quite the escapade. It’s peppered with potential legal hurdles and necessitates a solid understanding of easements and right of way. Before you dive into such a purchase, consulting with a seasoned real estate attorney might just save you from future headaches. This ensures you can actually enjoy your property, rather than just admire it from afar.