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  1. #1
    Join Date
    Feb 2008

    Default Terminating Unnecessary Use Of An Easement

    I recently bought two acres in Arkansas and have a quirky neighbor that drives across an older driveway that leads to property behind me, in order to get to his back yard. There is a 60 foot easment along our property line that he could use, but he comes further over and uses the one close to my home. I allow my son to use this roadbed, but prefer the neighbor doesn't. Ther IS a NO TRESPASSING sign which is ignored.
    I am told he is moving soon, but he has lived there for over 10 years and I suspect has used this access for some time. The neighbor has a perfectly usable driveway on his property that goes to his back yard so does not need this access. I would even mind him using the other property line easement.
    My question is, would I legally be right to ask him not to use the roadbed close to my home? I plan to build a house on that spot and don't want to battle this in court.
    The other question I have is--when he moves, would this right of usage (if he has one) be passed on to the new owner? Remember-there is a 60 foot easement closer to his property he could use with my blessing.

  2. #2
    Join Date
    Jul 2006

    Default Re: Terminating Unnecessary Use Of Easement (nonprescriptive)

    Easements run with the land, regardless of who owns the land.

    What, EXACTLY, does the easement language in the deed say?

  3. #3
    Join Date
    Feb 2008

    Default Re: Terminating Unnecessary Use Of An Easement

    There is nothing in the deed. I just know he has used this for over the 5 year period since he has been there a while and I fear he may want to claim his right to continue using it.

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