Missouri Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance

State:
Multi-State
Control #:
US-00994BG
Format:
Word; 
Rich Text
Instant download

Description

This form anticipates that the owners and parties to the Declaration have joint easement rights over, across, and through the easement premises for utility connections and adequate access to their individual parcels. A private drive is located within the easement premises. In this document the parcel owners agree to share in the cost of maintaining the private drive according to a formula set forth in the agreement. This form is a generic example that may be referred to when preparing such a form for your particular state.

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  • Preview Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
  • Preview Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
  • Preview Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
  • Preview Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
  • Preview Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance

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FAQ

An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

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.

In the absence of an agreement to the contrary, the owner of the dominant estate has the general duty to repair easement damage. Where breach of this duty can create a danger to a third person, the liability for that injury follows the duty to repair.

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.

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.

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.

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Missouri Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance