Missouri Notice of Final Description (Communication Systems Easement)

State:
Multi-State
Control #:
US-OG-1059
Format:
Word; 
Rich Text
Instant download

Description

This form is a notice of final description for communication systems easement.

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FAQ

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

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.

One can terminate an easement by adverse possession just as one may create a prescriptive easement by adverse possession. The petitioning party mush demonstrate that its use of the easement in question has been continuous, uninterrupted, visible and adverse under a claim of right for ten years.

Formal Agreement Easements: Most easements are created by formal agreement. Prescription Easements: If an individual can prove continuous, uninterrupted, visible, and adverse use of land for a period of at least 10 years, an easement by prescription will be created.

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 Notice of Final Description (Communication Systems Easement)