Missouri Sewer Easement

State:
Multi-State
Control #:
US-EAS-7
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Sewer Easement. Grants sewer easements to government for temporary and permanent sewer improvements.

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.
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FAQ

An easement acquired by prescription is a right acquired by continued and un-interrupted use which is open and visible, hostile, and under claim of right for a period of at least ten years.

A prescriptive easement is an easement acquired through open and notorious use of an owner's land which is adverse to the owner's rights, for a continuous and uninterrupted period of years. The period of years required for such an easement is defined by state laws.

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.

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

There are two general types of easements recognized in Missouri: (1) appurtenant easements and (2) easements in gross.

The primary difference between these two legal doctrines has to do with who ends up owning the property in question. A prescriptive easement gives the legal right of use to someone other than the rightful property owner.

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.

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Missouri Sewer Easement