Legal Question in Real Estate Law in Arkansas

Easement by Prescription

I suggest you consult an attorney in your jurisdiction. If the roadway has been in use for in excess of 21 years there will be an absolute right to use it. The sharing owner can be compelled to allow the use. There may be other reasons to establish the right to use the roadway. This would require an more in depth evaluation of the facts and the knowledge of the law of your particular state.

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Easment in Gross

For a correct legal answer consult with an Arkansas attorney.

A lot of questions people ask on the BBS are stupid, but not yours. This is a very serious real property issue. Probably the new owner has a right to go across the other owner's property WHETHER HE LIKES IT OR NOT.

What you have is an easment that has been aquired across his property. Yours is the dominent estate and his is the servient estate. If this is the only access to your land then it would also be an easment of necessity (however, I do not know the facts).

If you sell to the new owner, the new owner should acquire all of the rights to cross the property that you have.

The only way this is defeated is if the orignial right to go across your neighbor's land was a personal easement. It is very unlikey that this is the case, but if so, it would be lost when you sell the land.

You really need a competent land attorney in your local area. It your neighbor bluffs you into giving in to his demands you will seriously damage the value of your land.

Stand your ground and sue your neighbor in the plenary court with equity jurisdiction over land, if you have to. This may be the Circuit court in AK, I do not recall.

Good Luck