My question involves an easement in the state of: Arkansas
Okay I will try and keep this short and to the point. Thank you in advance to any help in this matter.
The easement in question is described as a roadway and utility easement that resides on an 8 acre property to allow access to the property owner of 3 acres behind and a property owner of 4 acres next to him. They both have the easement described in their deeds. The easement crosses the 8 acres with a specific width of 40 feet and only described as a roadway and utility easement. Other than gps coordinates it does not describe anything else.
#1 Who owns this easement? It was sold as a part of the 8 acres meaning that it was paid for as part of the 8 acres. The description of the easement is on the land deeds and is not a separate deed. Basically what i mean is when the 8 acres was paid for the easement was included as part of the acreage.
#2 If it is owned by the 8 acre owner do they have rights to control use? Meaning is the easement open to all the grantee's company meaning drug dealers and all? Exactly is an easement for private use only or open to who ever wants to cross.
#3 There is a speeding conflict between the 2. If the 8 acre is the owner of the easement then do they have the right to implement a speed limit? or can grantee just do what ever they want cause its in their deeds.
#4 Are there any actions that can revoke the use of a described easement. Meaning can the grantee do anything that would make him subject to rejection of crossing.
#5 If the 8 acre owner does own the easement then can he put up a gate across the easement as long as a key is provided to the grantee? If so then could it be enforced to be closed by the grantee when they come through it.
The grantee of the easement lives on undeveloped land. And has not made any efforts to develop it. The land is owner financed and they basically pay about 180 a month and spend the rest on dog food and alcohol. Lol I did not know people could still live without water, power and sewage but they have been doing it for over a year now. The 8 acres was paid for in full to only get out there and find this big ole mess. No one will do anything about it not even the health department. It's completely ridiculous.
P.S. The owner of the 4 acres has never given a moments trouble on the easement and is constantly harassed by these people. These people bring other people home from the bar and they will stay for long periods of time. The easement does not follow a property line its down through the middle of the 8 acres for 400 feet the other footage does follow the property line but lies solely on the 8 acres and was not divided between the adjacent property. I would have never bought this property but the people that did was not aware of the kind of people behind them and was told that they never came out there that they lived somewhere else and only came every now and then and would camp out for a couple days and leave. Also they were sold the property being described as being in a symmetrical square when in fact after the purchase was made a survey was done only to find that the property was in an L shape and not a square and the easement divided the property. Cuts the Leg off the L.
To bad you can't get a refund on property. Wal-Mart needs to start selling property. Lol J/K
These people spent their life savings on the 8 acres and only want to live in peace.