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Arkansas Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: We purchased a property that has an easement to the land behind ours. Are we able to terminate that easement?

Easement is to the property behind us. The property is primarily woods and pasture area not used. The people who own that land do not use the easement properly and go through out property as an "easier" route. We would like to terminate the easement but are unsure if that's possible.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

Hire a competent AR attorney for specific advice after searching both titles. Easement descriptions do not have to amount to much, not like the property's legal description.

Termination is possible in many ways, but it sounds like they will ignore your efforts and probably will sue you.

1 Answer | Asked in Land Use & Zoning for Arkansas on
Q: can i use a private lane to access my property
Matthew Williams
Matthew Williams answered on Mar 10, 2021

Do mean can I drive through someone else's property without permission? No.

1 Answer | Asked in Criminal Law, Civil Rights and Land Use & Zoning for Arkansas on
Q: Can I let my yard grow as the Creator intended against city ORDINANCE under RFRA,

Can I advance my religion (native American) as defense to failure to cut grass,?

W. Whitfield Hyman
W. Whitfield Hyman answered on Feb 15, 2021

Probably not, but you could just plant trees covering your whole yard and I bet grass wouldn’t grow

1 Answer | Asked in Estate Planning and Land Use & Zoning for Arkansas on
Q: Do I need my husbands signature to sell land that is in both our names?
Steven J. Fromm
Steven J. Fromm answered on Nov 20, 2020

Yes, indeed. If the current deed has both of your names as owners then you must have him sign any deed transferring ownership to a buyer. Arkansas may allow a power of attorney to sign for him but you need to speak to a real estate attorney in your state to see if this is possible.

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Arkansas on
Q: If my Mother and I purchased a piece of property can the original owner sell it again if I hold the original Deed?

My Mother and I purchased a piece of property from a friend of my Mothers that was getting older in age. This lady signed all of the necessary paperwork and we had everything properly notorized and dated. Now 2 years later this lady has sold the same piece of property to somebody else. Is this... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Assuming everything in your question is factually correct, the answer would most likely depend on whether, and when, you filed your deed of record with the Circuit Clerk of the county where the property is located. If Your deed was not filed prior to the 2nd conveyance your deed may no longer be... Read more »

1 Answer | Asked in Land Use & Zoning for Arkansas on
Q: Does my neighbor have the right to run their utilities (power/electrical) through my property without my permission?
Tim Akpinar
Tim Akpinar answered on Oct 26, 2020

You await a response to your post for four weeks. An option to consider at this point could be to contact an Arkansas real estate attorney to investigate the possibility of easements held by the electric power company or your neighbor. Upon learning that, an attorney should be able to advise you... Read more »

1 Answer | Asked in Land Use & Zoning for Arkansas on
Q: I want to rent/lease my property to campers and I wanted to know what insurance/legal documents I needed to do this.

The property is raw land in a very rural setting.

Tim Akpinar
Tim Akpinar answered on Oct 4, 2020

An Arkansas attorney could advise best, but your question remains open for four weeks. In terms of insurance coverage, you could sit down with a broker and discuss what product lines would offer you the most sensible protection for your budget - general liability, property damage, workers'... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: My grandma passed away in 2018 she owned a house and my dad passed away in 2016 so would that mean the house is left to

Me or would it be left to my dads sister cause she’s telling me I need to sign papers so she can sell it this is in the state of Arkansas please help I need to know what I can do and what my options are

Vincent Gallo
Vincent Gallo answered on Jun 20, 2020

Your grandmother’s will shall determines who inherits the real estate.

1 Answer | Asked in Environmental and Land Use & Zoning for Arkansas on
Q: Is it Legal for a Greenhouse Business to operate in a neighborhood where house's are located?

Yes they use pesticides

Tim Akpinar
Tim Akpinar answered on May 26, 2020

It will depend on local zoning, environmental, and public safety laws. As a general matter, businesses do use pesticides in residential areas if they are qualified to do so. This usually involves personnel holding state certifications as pesticide applicators. Your post remains open for three... Read more »

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