How can I get an easement removed from my property in Arkansas?

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Question:

How can I get an easement removed from my property in Arkansas?

Answer:

If you have been granted a property easement, also known as a right of way to use a piece of someone else’s property for a specific purpose, or if someone else has been granted an easement through your property, you may wonder how you can go about having that easement removed. Removal of an easement may occur when the person who was granted the easement no longer needs or wishes to use the easement. In the state of Arkansas, there are a number of ways to have an easement removed.

  • You can have an easement removed in Arkansas by proving that the easement has been abandoned – such as in a case where a power company plans to run lines across your property, but never does so, or 
  • You can have an easement removed by a court order if you can prove that the easement is no longer necessary or if you can prove that the easement is no longer required for the property that it is used to access. For example, if you had an easement to access a lake behind your property that was later closed to public use, you can have the easement removed from the property by showing that the original purpose of it no longer exists.

To get help determining if your easement is eligible to be removed, you should consider contacting a real estate lawyer. If you easement can be removed, your lawyer can guide you through the process of doing so. 

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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