A Missouri Drainage Easement refers to a legal arrangement where a property owner grants the right to drain water through their property to another party or entity. This easement plays a crucial role in managing and controlling water flow, preventing flooding or waterlogging in Missouri. The primary purpose of a Missouri Drainage Easement is to ensure proper drainage and protect properties from potential damages caused by excessive water accumulation. By granting this easement, the property owner allows a designated area on their land to be used for drainage purposes, allowing water to naturally flow from higher to lower elevations. This function is especially important in regions like Missouri, where heavy rainfall and varying terrain can lead to significant water runoff. There are different types of Missouri Drainage Easements, including: 1. Private Drainage Easement: This type of easement occurs when two private parties agree on the use of a specific area of land for drainage purposes. It involves a mutual agreement between property owners to allow water to flow through their properties to prevent flooding or waterlogging. It is crucial for both parties to establish clear boundaries and maintenance responsibilities. 2. Public Drainage Easement: In some cases, a drainage easement can be granted to a public entity such as a municipal or county government. This type of easement allows the public entity to establish drainage infrastructure on private lands, ensuring effective water management across the community. Public drainage easements often involve more extensive planning and may require inspection and maintenance by the public entity. 3. Agricultural Drainage Easement: Agricultural lands in Missouri commonly utilize drainage easements to manage excess water that can damage crops or hinder farm operations. These easements allow farmers to redirect water away from their fields, preventing waterlogging and improving overall soil productivity. Agricultural drainage easements typically involve collaboration between farmers, drainage districts, and government agencies. In summary, a Missouri Drainage Easement is a legal arrangement that allows the controlled flow of water through a property to prevent flooding or waterlogging. This easement can be granted to private parties or public entities, and there are specific types tailored to accommodate different needs, such as private, public, and agricultural drainage easements. By utilizing these easements, Missouri can effectively manage water runoff and ensure the overall protection and well-being of its properties and communities.
Missouri 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.