Missouri Release of Right of Way / Easement to Surface Owner
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How to fill out Release Of Right Of Way / Easement To Surface Owner?
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FAQ
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.
A person claiming adverse possession in Missouri must show by a preponderance of the evidence that the possession was hostile and under a claim of right, actual, open and notorious, exclusive, and continuous for at least ten years.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
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.
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.
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.
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.
