Missouri Right of Way and Easement (Underground Electrical Facilities)
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FAQ
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.
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.
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.
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.
Except as provided in subsection 4 of section 319.030 and in section 319.050, a person shall not make or begin any excavation in any public street, road or alley, right-of-way dedicated to the public use or utility easement of record or within any private street or private property without first giving notice to the ...
Generally, the duty to maintain an easement rests with the owner of the dominant estate.