Missouri Supplemental Right of Way Agreement
Description
How to fill out Supplemental Right Of Way Agreement?
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FAQ
Easements by necessity are made when a property is landlocked. When a property owner's land or property is entirely inaccessible (or landlocked) and can only be reached by passing through a neighbor's land or property, an easement in necessity can be granted.
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. The primary problem with a prescriptive easement is the defense of permissive use.
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
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.
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.
An easement of necessity occurs where property is landlocked without means for ingress or egress to a public road. Missouri law provides two legal options to owners of real estate with no means of ingress or egress. Option (1) is the creation of an easement pursuant to Section 228.340 RSMo.