Legal Question in Real Estate Law in Arkansas

Real Estate

A divorce ruling has entitled me to 50% division of 20 acres of land and a 3BR home in a heavily wooded area. In order to get to the home someone has to ''pass through'' my ex inlaws property via a small road/driveway (away from their home), but the only way to get there. From what I understand, this is an implied easement.

My question is can my ex's take back this portion of their property if someone else buys the home at the courthouse? This road was made before the house was even built back in 1998. The home did have all permits pulled, does have electric and an address, and this road would be the only access for emergency/county vehicles. Since this entitlement is from a divorce proceeding, I do not want any loopholes by the ex's saying a new owner cannot get to his/her home.

Thank you in advance.

Asked on 5/23/09, 6:19 am

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Real Estate

The easement should be recorded with the deed, but based on your description it does not sound like it is. However, access can not be denied entirely. You should probably consult with a real estate or land use attorney to discuss your options with regard to amending the deed to include the easement prior to sale, just so that everything is clear.

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Answered on 5/26/09, 12:34 pm

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