Missouri Utility Easement

State:
Multi-State
Control #:
US-EAS-28
Format:
Word; 
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Description

This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.

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.

A Missouri utility easement refers to a legal right granted to utility companies or service providers to use a specific area of land for the installation, maintenance, and operation of utility infrastructure such as power lines, gas pipelines, water pipes, or telecommunication cables. Easements are usually in the form of a written agreement between the utility company and the landowner, outlining the rights and responsibilities of both parties. Missouri utility easements can be categorized into several types based on their purpose or the utilities involved: 1. Electrical Easements: These easements are granted for the installation and maintenance of electrical power lines and related equipment. They allow utility companies to access private properties to ensure a consistent supply of electricity to residential, commercial, and industrial areas. 2. Gas Easements: Gas utility companies have easements that permit them to run gas pipelines across private properties. These easements ensure the delivery of natural gas to homes, businesses, and other installations, enabling the efficient functioning of heating systems, stoves, and other gas appliances. 3. Water and Sewer Easements: Water and sewer utility easements are used by providers to lay and maintain pipes, allowing the distribution of potable water to residents and the proper disposal of wastewater. These easements ensure the availability of clean water and sanitary sewer services across Missouri. 4. Telecommunication Easements: Telecommunication companies require easements to install and maintain underground or overhead cables for telephone, internet, and cable TV services. These easements help ensure uninterrupted communication services for residents, businesses, and institutions. 5. Stormwater Easements: Stormwater utility easements are granted for the construction and maintenance of storm drains, detention ponds, or other drainage facilities. They aim to manage stormwater runoff efficiently, preventing flooding and protecting the environment by reducing erosion and preventing pollution. Missouri utility easements are important for the ongoing maintenance and development of essential utilities. Landowners should carefully review any easement agreements before granting access to their property and ensure the terms and conditions are acceptable. It is crucial to understand the rights and restrictions associated with granting utility easements to protect their interests while contributing to the overall functioning of essential utility services in the state of Missouri.

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FAQ

To obtain a common law easement by necessity, the property owner desiring such an easement must show prior unity of title and subsequent deprivation of access to a public roadway. An easement by necessity will not arise from proof that the easement will be convenient.

Generally, the duty to maintain an easement rests with the owner of the dominant estate.

Utility Easement: A utility easement is a type of easement that grants utility companies the right to access and maintain their utility lines (such as electricity, water, or gas) on a property.

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.

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.

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.

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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Jun 13, 2018 — A property easement is generally written and recorded with the local assessor's office. The documented easement will show up when a title search ... 6 – The letter should, along with the Utility statements, certify that the easement is no longer necessary. A fee in accordance with Code of Ordinances ...Aug 28, 2014 — To download the file, please click or tap on the file name hyperlink below the document viewing window. Keywords. Landfill Permitting. MoDNR. How to fill out What Is A Utility Easement? ... Have any form from 85,000 legal documents such as Missouri Utility Easement on-line with US Legal Forms. Every ... Most easements are permanent, unless the contract or deed between the parties states otherwise. Need Professional Help? Talk to a Real Estate Attorney. May 24, 2016 — 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 ... Oct 15, 2017 — Formal Agreement Easements: Most easements are created by formal agreement. · Prescription Easements: If an individual can prove continuous, ... A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. Mar 29, 2023 — Most homeowners should already know that their property contains an easement as it should be stated in the title documents when you buy the ... Nov 5, 2019 — Utility easements are usually created by conveying a deed, a contract or a will. Easements can also be created through prescriptive use.

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Missouri Utility Easement