An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Missouri Easement for Access to Property is a legal concept that grants certain rights to individuals or entities by allowing them access to a property that they do not own. An easement enables the holder to traverse or use a specific part of the property for a defined purpose. In Missouri, several types of easements for access to property exist, each serving a distinct purpose and providing different rights to the easement holder: 1. Easement by Necessity: This type of easement is created when a landowner lacks any other means of accessing their property except by using a portion of someone else's land. It typically occurs in situations where a landlocked property is surrounded by other privately owned land, making access to roads or public ways impossible without crossing another party's land. 2. Easement by Prescription: This type of easement arises when an individual or entity has continuously and openly used another person's property for a specific period, typically ten years or more, without the owner's permission. If the use meets the legal requirements, Missouri law may recognize an implied easement by prescription, providing the user with a legal right to access the property. 3. Easement by Grant: This type of easement is voluntarily granted by the property owner to another party. It involves a formal agreement between the landowner and the easement holder, defining the specific terms and conditions of the easement, such as the purpose, duration, and any limitations. 4. Easement by Agreement: Similar to easement by grant, this type of easement is created through a formal agreement between the property owner and the easement holder. However, unlike easement by grant, easement by agreement may involve compensation or monetary exchange between the parties. 5. Public Easement: A public easement is created when the government or a public entity acquires a right of access or use over private property for public purposes, such as constructing roads, utilities, or other infrastructure. These easements typically arise through eminent domain proceedings or negotiations between the government and the property owner. It's important to note that easements for access to property in Missouri can be temporary or permanent, depending on the specific circumstances and agreements. Additionally, the scope and limitations of the easement are defined by its terms, which may include details about maintenance responsibilities, use restrictions, and any necessary permissions for alterations or improvements. Understanding the various types of Missouri Easement for Access to Property can help property owners, potential easement holders, and legal professionals navigate the complexities of property rights and ensure that access to properties is granted or limited appropriately in accordance with applicable laws and agreements.
