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  1. #1
    Join Date
    Apr 2019
    Location
    Chester Arkansas
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    4

    Default Can I Allow a Third Party to Use My Easement

    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.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,646

    Default Re: Can I Allow a Third Party to Use My Easment

    No you cannot grant the new neighbor an easement across your brothers land which is precisely what you are describing. Your easement is for,use as the grant describes.


    If the new neighbors land was originally part of your father’s land and there is no other means of access, it may be possible the neighbor could seek an easement of necessity from your brothers

  3. #3
    Join Date
    Mar 2013
    Posts
    16,954

    Default Re: Can I Allow a Third Party to Use My Easment

    I don't understand this:

    https://www.arkansaslandcan.org/arti...t-Summary/2898

    But it refers to the following statute:

    https://law.justia.com/codes/arkansa.../subchapter-4/

    Your agreement with your brother might not conform to the requirements of the statute, so you'll have to address that before you address whether you can assign use of the easement to a third party.

    However, right or wrong, if you want to avoid hostility between the three of you I suggest you get your brother's consent and get that written in a new easement agreement that includes your new neighbor.

  4. #4
    Join Date
    Apr 2019
    Location
    Chester Arkansas
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    4

    Default Re: Can I Allow a Third Party to Use My Easment

    But I could lease my land to a third party, couldn't I? What if I were to lease him a small plot. He could then use my easement to access the plot and once on my land he could go on to his. I actually have another person wanting to lease my pastures for his cattle. He couldn't do that if he couldn't use my easement.

  5. #5
    Join Date
    Oct 2006
    Posts
    15,410

    Default Re: Can I Allow a Third Party to Use My Easment

    Quote Quoting lfriddle1
    View Post
    But I could lease my land to a third party, couldn't I? What if I were to lease him a small plot. He could then use my easement to access the plot and once on my land he could go on to his. I actually have another person wanting to lease my pastures for his cattle. He couldn't do that if he couldn't use my easement.
    Yes, you could lease your land as the tenant would be an "assign" and the language of the easement allows for that. However it has been strenuously argued on these forums that an easement would not attached to another property that happened to be beyond the first parcel. So the idea of leasing him a small amount of your property would still not allow him to use the easement to get to his.


    What is the problem with getting your brother on board with the idea?

  6. #6

    Default Re: Can I Allow a Third Party to Use My Easment

    Quote Quoting adjusterjack
    View Post
    I don't understand this:

    https://www.arkansaslandcan.org/arti...t-Summary/2898

    But it refers to the following statute:

    https://law.justia.com/codes/arkansa.../subchapter-4/

    Your agreement with your brother might not conform to the requirements of the statute, so you'll have to address that before you address whether you can assign use of the easement to a third party.

    However, right or wrong, if you want to avoid hostility between the three of you I suggest you get your brother's consent and get that written in a new easement agreement that includes your new neighbor.
    Would you kindly explain why the OP needs to be concerned with whether or not the agreement with his brother complies with the "Uniform Conservation Easement Act"? A legislative enactment whose stated public-spirited purpose is the preservation and protection of the nation's natural and historic resources, but has nothing whatsoever to do with the granting of easements of right of way!

  7. #7
    Join Date
    Nov 2013
    Posts
    6,288

    Default Re: Can I Allow a Third Party to Use My Easment

    The situation has nothing to do with the Conservation Act. Why Jack posted that is a mystery to me as he is usually on top of these things. In this case, he is wrong.

    The fact is that OP has an easement granted to him for the benefit of his property and it cannot be extended to the neighbor. The neighbor, as has already been posted, has to be granted an easement across the bother's property by the brother not OP.

  8. #8
    Join Date
    Mar 2013
    Posts
    16,954

    Default Re: Can I Allow a Third Party to Use My Easment

    Oops. Brain fart.

  9. #9
    Join Date
    Apr 2019
    Location
    Chester Arkansas
    Posts
    4

    Default Re: Can I Allow a Third Party to Use My Easment

    Thank you everybody. As to my brother, he and his wife for some reason do not want anybody on any of their property. They haven't even talked to me in several years. Posted no trespassing signs facing me along our common fence every 10 feet. Their signs at the entrance to my driveway contain satanic symbols which really upset my wife. FedEx called me and wouldn't deliver my insulin because the driver was afraid to go past the Keep Out signs. I am going to see if I can get them to sell me that strip of property, about three acres. They do have a for sale sign up for the entire 80 acres but the amount they were looking for is totally outrageous. It has been on the market for at least two years. If they won't sell to me, I'll just have to hang on until something changes.

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