Missouri Easement or Right of Way for Access to Property refers to a legal right granted to individuals or entities allowing them access to a property that they do not own. This right becomes necessary when a property's access is restricted due to adjacent parcels of land or geographical obstacles. In Missouri, there are several types of easements or rights of way for accessing a property, including: 1. Appurtenant Easement: An easement that benefits a particular property, allowing the owner to access their property through the land of another owner. This type of easement is transferred with the property, meaning it carries over to subsequent owners. 2. Easement in Gross: Unlike appurtenant easements, easements in gross do not directly benefit a specific property but an individual or an entity instead. Easements in gross are commonly used for utility companies, granting them access to a property to install, repair, or maintain utility lines or infrastructure. 3. Express Easement: An easement created by a written agreement or a deed, explicitly stating the rights and obligations of the parties involved. Express easements are typically recorded in the county recorder's office and stay with the property unless otherwise specified. 4. Prescriptive Easement: This type of easement is acquired through continuous and open use of another person's land without permission for a specific period. If the claimant can prove they met certain conditions, such as using the land for a defined number of years (typically 10-20 years) and without the owner's objections, the court may grant a prescriptive easement. 5. Easement by Necessity: When a property is entirely landlocked and lacks any access to a public road, an easement by necessity may be granted by the court. This easement is deemed necessary to ensure reasonable use and enjoyment of the landlocked property. 6. Private Easement: An easement created for private purposes, typically allowing only specific individuals or entities access to a property, such as neighbors or tenants. It's crucial to understand that easements and rights of way can be created through various legal mechanisms, including agreements between parties, court decisions, or even by implication. Landowners in Missouri should consult legal professionals knowledgeable in real estate matters to fully comprehend the laws and regulations surrounding easements or rights of way for accessing their property. It can also be helpful to conduct thorough research and review the relevant statutes, such as the Missouri Revised Statutes, to ensure compliance and understanding of the state's specific easement laws.
Missouri Easement or Right of Way for Access to Property
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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.
An easement is an interest in, or a right to use, another individual's land or property, generally for a specific, limited purpose. An easement gives one party the right to access another party's land. This access can be granted to public entities or private individuals.
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: Statute allows a landlocked landowner to "privately condemn" a road easement across his neighbor's land. But you have to pay fair market value, pay for your own attorney and court costs, and don't necessarily get to determine the location of the road.
Easements may be created by an express grant or by prescription or necessity. 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.
The easement ?runs with the land? (meaning it transfers from one owner to the next) and can be utilized by subsequent property owners. An easement from a property owner to a neighbor allowing the neighbor to drive across the property owner's land to reach a road is an example of an easement appurtenant.
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.