Full question:
CAN I PLACE A SIGN TO MY PROPERTY , WHEN I HAVE A LEGAL RIGHT OF WAY ? EVEN THO IT GOES THROUGH ANOTHER PERSON PROPERTY ? THE LAND OWNER THAT MY RIGHT OF WAY PASSES THROUGH SAYS I MAY NOT PLACE A SIGN TO MY PROPERTY. EVEN THO IT WOULD BE PLACED ON THE EASEMENT OF THE ACCESS ROAD TO THE NEIGHBORHOOD . I NEED THE SIGN TO DIRECT DELIVERIES, FIRE TRUCKS , AMBULANCES ,ETC.
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Arkansas
Answer:
The answer will depend on the particulars of the easement grant, such as whether it is shared or exclusive, and local sign law. It may be a matter of subjective determination on whether the sign interferes with the other party's use.
Once an easement is created, the owner of the easement has the right and the duty to maintain the easement for its purpose unless otherwise agreed between the owner of the easement and the owner of the underlying property. The owner of the easement can make repairs and improvements to the easement, provided that those repairs or improvements do not interfere in the use and enjoyment of the easement by the owner of the property through which the easement exists. Easements may be renegotiated under contract law principles, and may be terminated by abandonment when the easement holder intends to abandon an easement and takes actions which manifest that intent. Two types of easements include easements in gross and appurtenant easements. Easements in gross or personal easements are personal rights given to individuals or specific groups.
To terminate an easement, a condition for the purpose of the easement must have changed, such as:
• Easement's purpose no longer exists
• Ownership of the easement and of the land where the easement is located merges into one owner
• Land owner releases the easement
• Easement is abandoned
• Nonuse (of a prescriptive easement)
• Adverse possession by the owner of the land where the easement is located
• Court judgment in a quiet title action
• Misuse of the easement
Misuse of an easement does not usually terminate the easement but may give rise to claims for legal or equitable remedies. Legal proceedings may be necessary to interpret and determine the scope of easements.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
