What is a servitude?
A servitude is a type of real estate law in Arkansas which is an agreement between two people or entities in which the owner of a certain piece of property grants certain rights to another person. Typically, the property owner is the one to benefit from the agreement. Examples of servitudes include easements and rights of ways. An easement is a right to use another person’s property for a specific purpose. The most common example is an access easement, in which one person grants the other the right to access their property to reach an adjoining one. A right of way is similar to an easement, but it grants the right to travel through a property, rather than simply crossing it. A servitude must be granted in writing and must be registered with the county recorder’s office. This is to ensure that the servitude is properly recorded and enforceable. The property owner may be subject to certain property restrictions and liabilities, so it is important that all parties involved understand the terms of the agreement before signing. In order to terminate a servitude, the parties involved must come to an agreement and the servitude must go through an official termination process, which may involve the filing of a court document depending on the type of servitude.
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