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?
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.
Real Estate Consultant, Negotiator, Mediator, Arbitrator. Law Degree
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?
In Arkansas, is "easement by continuous use" the same as "easement by prescription?"
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).