My question involves real estate located in the State of: Arkansas
My brother and I purchased land (80 acres each) from our father before he passed away as a means to relieve him of the tax burden and give him money for his retirement years. My property is accessed through what was an existing road to my fields. 1,000 feet is now on my brothers property. My father (nor I for that matter) had never considered that an easement would ever be necessary for me. My property is accessed by approximately 1,000 foot easement through one corner of my brothers property to a county road. At the time of my fathers death, my brother did give me a Road Right of Way, which I will show at the end of my post. It seems like my Sister in Laws sole purpose in life is to cause as much trouble as she can, so she will.
Last year, someone purchased some land that joins me on the west side of my property and asked me if I would give him an access/egress easement so he could access his property. I told him I would have no problem doing that for him. But for him to use the easement across my property he would also have to use my easement across my brothers property. Can I give him the right to do this?
ROAD RIGHT OF WAY
For and in consideration of the sum of One Dollar and Other Valuable Considerations receipt of which is hereby acknowledged, WE (brother and wife), do hereby give, grant, bargain and convey unto said (me and my wife), their heirs and assigns, a right of way for ingress, egress, upon and over the following property, to-wit: A 15 foot wide right of way across and over the Northeast Quarter of the Northeast quarter of (legal description of his property) running in a Northwesterly direction from Grapevine Road (County Road #403) to near the NQ/C of said Forty, as the road now exist. This right of way is to benefit the land(s) owned by (me and wife). This right of way is to run with the land. To have and to hold unto the grantees, their heirs, successors and assigns forever. Signatures and notary seal.
Thank you in advance for any replies.