Missouri Easement and Right of Way (For Roadway Allowing Access to Lands) refers to the legal rights and permissions granted to individuals or entities for the use of someone else's land in order to access their own property or to provide access to public roads or utilities. Easements and rights of way are crucial in ensuring that landowners can effectively use their properties with proper access rights. There are several types of easements and rights of way recognized in Missouri: 1. Right of Way Easement: A right of way easement grants someone the legal right to pass through a specific portion of another person's land to reach their own property or to provide access to public roads or utilities. The right of way may be limited to foot traffic, vehicles, or even for the installation and maintenance of utility lines. It is important to clearly define the location, width, and limitations of the right of way in order to avoid disputes. 2. Road Easement: A road easement allows the landowners to use a portion of their land to construct and maintain a private road, driveway, or access route leading to their property. This type of easement ensures that property owners have a legal pathway to access their land without trespassing on neighboring properties. 3. Utility Easement: Utility companies often require easements to install, maintain, and access utility lines such as power lines, gas lines, water pipes, or sewer pipes. These easements ensure that utility companies have the right to construct and maintain infrastructure on specific portions of privately owned land. 4. Conservation Easement: Conservation easements are voluntary agreements between landowners and government agencies, nonprofit organizations, or land trusts. These agreements restrict development or specific land uses to protect environmentally sensitive areas, wildlife habitats, or cultural heritage sites. While these easements may not specifically deal with roadways, they are worth mentioning as they impact land use and access rights. It is crucial to clarify the terms and conditions of any easements or rights of way in a written agreement known as an easement deed. This document should include the purpose, duration, extent, and any limitations or conditions associated with the easement. It is recommended to seek legal advice when dealing with easements and rights of way to ensure proper understanding and protection of property rights.
Missouri Easement and Right of Way (For Roadway Allowing Access to Lands)
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FAQ
For purposes of sections 228.341 to 228.374, "private road" with regard to a proceeding to obtain a maintenance order means any private road established under this chapter or any easement of access, regardless of how created, which provides a means of ingress and egress by motor vehicle for any owner or owners of ...
The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.
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.
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.
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.
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.
