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).

(Arkansas Easement Deed Package includes form, guidelines, and completed example)

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