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Flagbridge-RE
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Category: Real Estate Law
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Arkansas easement law Where might I find easement ...

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Arkansas easement law: Where might I find "easement by continuous use?" My 97 yr old aunt died in Sept 2007. Since she purchased her home in 1978 (?), she was allowed to form a circular driveway which extended onto her neighbor''s property. No formal paper was signed, but successive owners allowed same until 1 week ago when a log barrier was put up. I have the house for sale; the circular drive is essential to making to elderly and/or handicapped persons who cannot back a car down her driveway which runs the length of the property. Do I have the right to this easement as it was in continuous use from the time of original purchase until May 11, 2008?
Submitted: 8 years ago.
Category: Real Estate Law
Expert:  Flagbridge-RE replied 8 years ago.
Hello,

This is called an easement by prescription. Now it may be argued that an easement by prescription has NOT been acquired because of the express permission provided by previous owners. However in that case you may be able to argue there is a perpetual license by estoppal.

That is another way of saying that long term irrevocable permission had been granted, and that is an encumbrance on the land.

I suggest you talk to a real estate litigator and assert your immediate claim to the Easement by Prescription.
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Customer: replied 8 years ago.
I live in the city of Bull Shoals, AR population 2000 (Marion Cty)
Marion Cty has 2 stop lights in the whole cty. might not be able to find "a real estate litigator" as suggested. Is there an easier & quicker way to go about this??   Is there a form or wording I, myself, could use to draw up an easement agreement? Any law cases I could quote?
Customer: replied 8 years ago.
In Arkansas, is "easement by continuous use" the same as "easement by prescription?"
Expert:  Flagbridge-RE replied 8 years ago.
Send your neighbor a letter certified saying that they are interfering with your easement granted by prescription. Failure for them to immediately remove the barrier will force you to seek both legal and equitable remedies. Strongly urge they contact their attorney at their earliest convenience for confirmation on the law.

A general lawyer will be able to start the process for you. Easement by prescription is not a complex area of law. I should not point you to cases, as understanding case law is very complex, you also need to know if the cases have been countered in any way.

The term for easement by continuous use, IS an easement by prescription.

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