Missouri Access Control Easement is a legal term referring to a specific type of easement that grants the holder the right to control access to a certain property or portion of land in the state of Missouri, USA. It is designed to regulate and restrict the way individuals or entities can enter or exit the property, ensuring the owner's ability to maintain privacy, security, and control over their land. This type of easement is typically established through a legal agreement or a written document, allowing the easement holder to dictate the terms and conditions under which access is granted or denied. It is important to note that Missouri Access Control Easements do not convey ownership of the property, but rather the right to control access to it. Various types of Missouri Access Control Easements exist, each serving a specific purpose: 1. Private Road Access Easement: This type of easement gives the holder the right to control access to a private road or driveway on their property. It allows the landowner to restrict the use of the road to designated individuals or entities, ensuring that it is not used by unauthorized parties. 2. Utility Easement: This easement is established to grant utility companies the right to access the property for the purpose of installing, maintaining, or repairing utility lines, such as water, electricity, or gas. It enables the utility providers to perform necessary work while ensuring the landowner's control over access. 3. Conservation Easement: A conservation easement is created to protect and preserve the natural, scenic, or historic qualities of a piece of land. It grants a conservation organization or agency certain rights to enforce land use restrictions, limiting development and ensuring the preservation of the property's unique features. 4. Recreational Easement: This type of easement allows the public or specific individuals to access designated areas of a property for recreational purposes, such as fishing, hunting, or hiking. It is commonly established to balance private ownership with public enjoyment of natural resources. By utilizing Missouri Access Control Easements, property owners can ensure the proper management and protection of their land while allowing for necessary access to select individuals, utilities, or for recreational purposes. It is essential to consult with a legal professional when establishing, interpreting, or dealing with any type of easement to ensure compliance with Missouri state laws and regulations.
Missouri Access Control Easement
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FAQ
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.
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.
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 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.
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.
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.
