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Arkansas Easement Deed

An easement deed is a voluntary transfer of some of the rights inherent in property ownership. It allows the easement holder to use real property in Arkansas that he or she does not own or possess, but does not allow the holder to occupy the land or exclude others from using it, unless their use would interfere with the easement holder's use.

An easement in Arkansas, whether it is a preservation easement, conservation, easement by prescription, or any other kind in use, must contain binding and enforceable covenants that run with the land or structure.

Before an easement or any deed affecting real property can be recorded, it must be acknowledged or proved as required by law. Easement deeds and all other instruments of writing for the conveyance of real estate in Arkansas should be executed in the presence of two witnesses who are not otherwise involved with the transaction or should be acknowledged by the grantor in the presence of two such witnesses, who should then subscribe the deed. When the witnesses do not subscribe the easement as described at the time of execution, the date of their subscribing it should be stated with their signatures ( 18-12-104). Any court or officer, either in Arkansas or out-of-state, that takes acknowledgments or proof of an instrument must have a certificate of acknowledgement endorsed on the instrument ( 18-12-205).

As a legal document, an easement in Arkansas should be filed and recorded in the land records with the county recorder in the county where the property is located. Every instrument affecting the title, in law or in equity, to real property in Arkansas, including easements, which is required by law to be acknowledged or proved and recorded will be constructive notice to all persons from the time the easement is filed for record in the office of the county recorder in the county where the property is located ( 14-15-404).

Deeds.com Arkansas Easement Deed Forms Have Been Updated as Recently as Monday June 24, 2019

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Susan K. said: Very helpful; information included on the form explanations about Colorado laws in regards to beneficiary deeds helped us understand the issues involved.

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Tom D. said: I have one suggestion and couple of question I would think that most TOD's would be from married couples. It would be real helpful to have a example of the I(we) block for married couples. Why would I check or not check the "property is registered (torrents)" Do I need a notarized signature of the Grantee

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Arkansas Easement Deed Form