Conway, AR asked in Real Estate Law for Arkansas

Q: Easement question

I want to buy a bank owned foreclosed property. The land is landlocked. Do I need an easement to use existing driveway? If so how do I get one? The home was owned by the owner of the surrounding property. I'm told she didn't have and will not give an easement.

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1 Lawyer Answer
Patrick R. Lee
Patrick R. Lee
Answered
  • Crossett, AR
  • Licensed in Arkansas

A: I'm confused because you're saying the property is landlocked, but there is an existing driveway. It could be possible to get an easement by necessity if your property truly does not have any means of ingress.

If there's an existing driveway, the easement may already technically exist. You should discuss the facts of your case with a real estate attorney who may be able to better advise you about your problem.

1 user found this answer helpful

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