Legal Question in Real Estate Law in Arkansas

I have been using the driveway to my property for 15 years and have had to hire a bulldozer 4 times over the years to repair it. My property is situated on a mountain top in rural arkansas near Paris. I have 115 acres on the west side and someone purchased the other 85 on the east side recently and built a new house and started fencing their part. As it happens, the driveway passes along the northern border of their 85 to mine. They want to shut me off and force me to plow in a new road down the mountain thru my brothers land. He said noway since there's already a good road and he owns the first 20' of the existing road. My deed says existing rightoways but is vague. This was orginally part of a 200 acre parcal split in halve many years ago and sold seperately. Can they cut off road after 15 years of using it?

Asked on 8/23/09, 9:22 am

1 Answer from Attorneys

Brandon Moffitt Moffitt & Phillips, PLLC

No you can use the road. However, if they resist, you are going to have to file a quite title action and the roadway will be declared your property or that you have an easement over the property. Facts determine these cases, so visit with an attorney about your rights.

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Answered on 8/23/09, 11:19 am

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