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Nonpossessory Interests

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Submitted By coreylaird
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Nonpossessory Interests
Carvin v. Arkansas Power and Light
Corey Laird
Kaplan University
According to Beatty and Samuelson (2010), an easement gives one person the right to enter land belonging to another and make a limited use of it, without taking anything away. (p. 255). Easements on property are obtained one of two different ways. The easement can be obtained by grant or reservation. In the case study Carvin v. Arkansas Power and Light, the flood easements obtained by AP&L were obtained by both methods. The flood easements gave AP&L the permission to ckear the properties of trees, brush and other obstructions and to submerge in water. AP&L recorded the easements, and anyone who purchased any of the lakeside property was aware of the flood easements. In May of 1990 heavy rains fell in the area, so reaching up to ten inches which casued the highest levels ever recorded. In order to avoid flooding Lake Hamilton AP&L decided to open the Carpenter dam gates. By opening the dam, Lake Catherine flooded and caused up to twenty-five feet of water to rise in some areas which caused extensive damage to many houses and flood water rose to roof levels in many areas. Dozens of landowners sued as they felt AP&L were negligent in opening one dam gate and not opening another one and for not notifying the owners that they were planning on opening the dams. AP&L stated there was no time to notify anyone as they had a duty to move quickly and to protect a wider area of residents that would have been affected by the flooding from the rains. The homeowners were well aware of the easements on their property. Even thought the easements were obtained years earlier, anyone who bought the land knew about the easements, but never thought they would need to worry about AP&L having to use the flood easements. The company acted within its means and due to the

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