Securing an Easement by Necessity for Landlocked Property in Arkansas
If you own landlocked property in Arkansas, you can legally force access by petitioning for a statutory private road under Ark. Code Ann. § 27-66-401. You will generally be required to compensate the neighboring landowner for the land used to create the road.
Purchasing rural real estate in Arkansas offers incredible privacy and natural beauty, but it can quickly become a nightmare if you discover the property is entirely landlocked. Having no legal access to a public road means you cannot build a home, harvest timber, or legally drive a vehicle onto your own land without trespassing. Fortunately, public policy in Arkansas strongly favors the productive use of land, meaning the courts will not allow your property to remain permanently trapped.
Securing legal access across a neighbor's property is a complex process that usually requires court intervention. Navigating county court systems and negotiating fair compensation demands professional expertise. You can use our US Lawyers Directory to find a trusted Arkansas real estate attorney who can guide you through the process of securing a permanent easement.
The Difference Between Prescriptive Easements and Easements by Necessity
There are several different legal pathways to secure access to a landlocked parcel in Arkansas. Understanding which type of easement applies to your situation is the first step.
Prescriptive Easements
A prescriptive easement is somewhat similar to adverse possession. If you (or the previous owners of your land) have been openly, continuously, and hostilely using a specific dirt road across your neighbor's property for at least seven years under Ark. Code Ann. § 18-61-101 without their official permission, you may have already earned a legal right to keep using it. A judge can legally recognize this historical use and grant a permanent prescriptive easement.
Easements by Necessity and Prior Common Ownership
A true common-law "Easement by Necessity" applies when a larger parcel of land was split in the past, accidentally leaving one piece landlocked. For example, if a farmer sold the back half of his farm without granting a driveway to the main road, Arkansas courts imply that an easement was intended. The court will grant an easement by necessity without forcing you to pay for it, because the access was legally implied at the time the land was split.
Statutory Private Roads in Arkansas
If you do not qualify for historical prescriptive use, and you cannot prove prior common ownership, you are still protected. Under Ark. Code Ann. § 27-66-401, any owner of landlocked property can petition the county for a "statutory private road." The court will force the neighbor to allow a road to be built, but you will have to pay the neighbor fair market value for the land taken.
Step-by-Step Process: How to Petition an Arkansas County Court for Access
If negotiations with your neighbor fail, you must utilize the statutory process. This is typically handled at the county court level (overseen by the County Judge) rather than the standard Circuit Court.
Step 1: Title Search and Survey
Your attorney will first order a comprehensive title search to prove absolutely that no recorded easements currently exist. Next, a licensed surveyor must map out the proposed route for the new private road. The law requires this route to be the most reasonable path that causes the least amount of damage and inconvenience to the servient estate (the neighbor's land).
Step 2: Filing the Petition for a Private Road
Your attorney will file a formal petition to establish a private road pursuant to Ark. Code Ann. § 27-66-401 at the local county court, such as the Saline County Court, Benton or the Garland County Court, Hot Springs. The petition includes the survey and officially notifies the neighboring landowner that you are seeking access.
Step 3: Appointment of Viewers
Under Ark. Code Ann. § 27-66-401(c), the County Judge will appoint three disinterested citizens, known as "viewers." These viewers will physically visit the property, inspect the proposed route, and determine if the road is truly necessary and if the proposed path is the most logical route.
Step 4: Assessing Compensation Owed to the Servient Estate Owner
Under Ark. Code Ann. § 27-66-402, the viewers are also responsible for assessing the damages. Because you are forcing a road across private land, the Constitution requires just compensation. The viewers will calculate the fair market value of the strip of land being used for the road, plus any damages caused (such as tearing down a fence or cutting timber). You, the petitioner, must pay this amount to your neighbor.
Step 5: Finalizing the Court Order
Once you pay the assessed damages and the court costs, the County Judge will issue a final order establishing the road. This order is recorded with the county clerk, ensuring that the easement becomes permanently attached to your property deed for all future owners.
Costs Associated with Obtaining an Easement
Forcing access to landlocked property is a significant financial investment. Beyond compensating your neighbor, you must cover all the administrative and legal fees:
| Expense Type | Estimated Cost (USD) |
|---|---|
| Professional Survey and Route Mapping | $1,000 - $3,000 |
| County Court Filing Fees | $150 - $250 |
| Compensation to the Neighbor (Damages) | Varies widely based on land value and acreage |
| Attorney Fees for Petition Process | $3,500 - $7,000+ |
Timelines for Court Orders
Obtaining a statutory private road takes time. The process of filing the petition, appointing the viewers, waiting for their physical inspection, and holding a final hearing usually takes between 3 to 6 months. If the neighboring landowner aggressively appeals the viewers' assessed damages, the litigation can drag on for close to a year.
Frequently Asked Questions (FAQ)
Who pays to build and maintain the new road?
You do. The person requesting the easement by necessity is entirely responsible for the costs of clearing the land, pouring gravel, and maintaining the private road. The neighbor is not required to contribute to the upkeep.
Can the neighbor block the road with a locked gate?
If the neighbor wants to keep livestock contained, they may be allowed to place a gate across the easement. However, they must provide you with a key or the combination so your access is never obstructed.
Can I choose any path I want across their land?
No. Arkansas law requires the route to be the least intrusive path possible. You cannot choose a scenic route that cuts right through the middle of their farmland if a shorter path along the property edge is available.
Can I install power lines along the easement?
No. Under Ark. Code Ann. § 27-66-403(a)(3)(B)(ii)(c)(2), a statutory private road established by a county court is an access easement only for ingress and egress. Arkansas law explicitly prohibits using the road for any other purpose, including public utilities such as power, water, or sewer lines.
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