Missouri Consent By Tenant to Right of Way Agreement
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How to fill out Consent By Tenant To Right Of Way Agreement?
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FAQ
An easement by prescription is one that is gained under principles of a legal concept known as "adverse possession", under which someone other than the original property owner gains use or ownership rights to certain property.
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.
An easement is a right to make certain types of use of property. The most common is the right to build a road across someone else's land (or use a road) in order to get access to your own land. Another common easement is the right to cross someone's land in order to get to a railroad track or access to the ocean.
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.
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.
