Missouri Agreement between Adjoining Owners Creating Easement for Common Driveway is a legal document that outlines the rights and responsibilities of neighboring property owners in regard to a shared driveway. This agreement is designed to establish and define the easement, which allows one owner to use a portion of another owner's property to access their own land. In Missouri, there are different types of agreements that can be used to create an easement for a common driveway. The most common types include: 1. Express agreement: This is a written agreement between the adjoining owners, where both parties explicitly define the terms and conditions of the easement. It typically includes details such as the specific area of land to be used for the driveway, the rights and limitations of each party, and any maintenance responsibilities. 2. Implied agreement: Sometimes, an agreement can be implied based on the behavior and actions of the adjoining owners. For example, if one property owner has been using a portion of their neighbor's land for driveway access for many years without objection or dispute, an implied agreement may be established. 3. Prescriptive easement: Similar to an implied agreement, a prescriptive easement is created through continuous and uninterrupted use of another person's land for a specific period of time. In Missouri, the time period required for a prescriptive easement is typically 10 years. However, proving a prescriptive easement can often be challenging, as it requires providing evidence of open, notorious, hostile, and exclusive use. Regardless of the type of agreement, it is essential to consult with a qualified real estate attorney to draft the Missouri Agreement between Adjoining Owners Creating Easement for Common Driveway. The agreement should address important aspects such as the location and dimensions of the driveway, the right to maintain and repair the driveway, the allocation of costs between the parties, and any restrictions on use. Additionally, it's crucial to conduct a thorough property survey and title search to ensure that there are no conflicting easements or restrictions that could affect the creation and enforceability of the agreement. By obtaining a detailed and legally-compliant Missouri Agreement between Adjoining Owners Creating Easement for Common Driveway, property owners can establish a clear framework for shared driveway usage, minimizing potential conflicts and ensuring smooth access to their respective properties.
Missouri Agreement between Adjoining Owners Creating Easement for Common Driveway
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FAQ
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
An easement of necessity occurs where property is landlocked without means for ingress or egress to a public road. Missouri law provides two legal options to owners of real estate with no means of ingress or egress. Option (1) is the creation of an easement pursuant to Section 228.340 RSMo.
An easement grants the owner of the dominant estate the right to use the land for a particular purpose, and such use may be on, under or above the land. Generally, the duty to maintain an easement rests with the owner of the dominant estate.
Missouri easements are governed by common law as well as Missouri Revised Statutes Chapter 228, Section 342 which allows the owner of a landlocked property to create a right of way on someone else's property for the sake of viable access to the landlocked property.
A private road may be established or widened in favor of any owner or owners of real property for which there is no access, or insufficiently wide access, from such property to a public road if the private road sought to be established or widened is a way of strict necessity.