Q: We have forested property in Arkansas that is in trust, has an easement on two properties going to our land.
The same easement is recorded on our deed and the other two deeds. My father was unable to drive the last 10-12 years and was unable to go to the property. Other family members did not travel to property either. The two property owners where easement is assigned going to our property have the road locked and are saying they are taking the easement by adverse possession. A 30 foot width of land was cleared and a road was established some 20 years ago. Isn’t the easement permanent?
A: Your situation is not uncommon and the answer depends on many factors. Among the most important considerations are the type of easements held by each landowner, whether the roadway at issue is the only egress and ingress onto the property, the length of time the roadway has been in existence, whether a legal description of the roadway is recited in the easements and the historical use and understanding of the roadway. Any one of these factors, individually or in combination could be the determining factor in your case. If an agreement can't be reached with the neighboring land owners to resolve this dispute, you will want to pursue some type of injunctive relief from the circuit court in the Arkansas county where the property is located. You could be entitled to damages also, depending on the specific circumstances. You should immediately consult an Arkansas attorney experienced in these types of property disputes to protect your family's rights.
Nick Henry agrees with this answer
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