Missouri Drainage Easement
Description
How to fill out Drainage Easement?
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FAQ
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.
Technically, yes, you can build on a property easement or a utility easement. There is nothing in the deed that says you can't. However, most choose not to for their own peace of mind. In the event that the owning estate of the easement ever has to access it, whatever sits on it may be removed.
Can I build structures on a property with a drainage easement? It depends on whether your construction limits access to the easement area or messes with the drainage infrastructure. As long as it doesn't interfere with this, you have the freedom to build the structure you need.
Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.
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.
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.