Missouri Amendment to Easement and Right of Way (to allow it to be used for Telecommunications Purposes)
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FAQ
In the case of an easement, one property owner allows another entity (jurisdiction, utility, municipality or individual) the right to access their private property with an improvement such as a road or a sewer line.
A prescriptive easement can be created by: Continuously using the property for 5 years; In a manner that is open, notorious, and clearly visible to the owner of the land; and. Hostile and adverse to the owner.
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.
Easements may be created by an express grant or by prescription or necessity. 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.
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.
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
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.
Easements may be created by an express grant or by prescription or necessity. 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.
