Missouri Utility Easement (Underground Utility and Transformer)
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FAQ
Hear this out loud PauseTo 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.
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.
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.
Hear this out loud PauseYour 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.
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.
Hear this out loud PauseHomeowners usually have overhead or underground powerlines that run through their property. In such cases, it usually means the utility company has an easement over the property.
Hear this out loud PauseGenerally, the duty to maintain an easement rests with the owner of the dominant estate.
