Did you buy land in Arkansas only to discover that it’s landlocked without access to a public road? Maybe your disgruntled neighbor is making things difficult by refusing access to the road that leads to your property. Luckily, Arkansas law offers a remedy known as an easement for ingress and egress under AR Code § 27-66-401 (2014).
What is Arkansas § 27-66-401?
In 2014, Arkansas Code § 27-66-401 was enacted, allowing landlocked property owners to petition for an easement via appointed “viewers” to establish road access to and from their property.
The Easement Process
The process starts with the landlocked property owner providing written notice to the neighboring landowner at least 20 days before filing a petition with the county court. This notice must include the amount of payment offered for the road. Once the petition is filed, the county court will issue a notice for a preliminary hearing, which is typically held no earlier than 60 days from the filing date.
The petitioner must serve the respondent with a summons, a copy of the petition and any exhibits, and a copy of the court notice of the preliminary hearing in accordance with the Arkansas Rules of Civil Procedure. If the respondent is not served, the petitioner must pay for a notice to be published in a newspaper of general circulation in the county.
“Viewers” appointed by the court determine the location and dimensions of the easement that will provide the landlocked property owner with access to a public road or navigable watercourse. They also assess damages and compensation to the adjoining property owner, which the landlocked property owner usually pays. Then, the court will issue a final order establishing the easement and setting the terms of compensation for the adjoining owner.
It’s important to note that the easement is only for ingress and egress, and the landlocked property owner can only use it to travel to and from their property. Additionally, the landlocked property owner will need to pay for the viewers’ fees and expenses, survey costs, damages related to the adjoining owner’s property, notice, and publication costs.
Contact Milligan Law Offices About Establishing an Easement for Landlocked Property
While owning landlocked property in Arkansas can be challenging, the state provides a legal avenue for landlocked property owners to establish road access to and from their property. To establish an easement, it’s crucial to follow the legal requirements and procedures outlined in the law.
The experienced team at Milligan Law Offices can help you navigate the complexities of real estate easements. If you have questions about one of these issues, schedule an initial consultation with us by filling out our secure online form or by calling our Fort Smith office at (479) 783-2213.
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