Missouri Easement and Right of Way (Nonexclusive, Permanent Use of Granter's Private Road) refer to legal rights granted to individuals or entities allowing them access to and use of a private road owned by another party. These easements ensure the continuous and unhindered passage across the granter's property for specified purposes, laying down the rights and restrictions associated with the granted easement. One type of Missouri easement and right of way is the "Nonexclusive, Permanent Use of Granter's Private Road," which entitles the holder to access and utilize the private road without interference from the granter or other parties. This kind of easement usually covers perpetual use and cannot be easily revoked or terminated by the granter. The primary purpose of granting this easement is to provide a convenient route to reach a property or use it for specific activities. It can be utilized by adjacent landowners, utility companies, or authorized individuals for purposes such as maintenance, transportation, ingress, egress, emergency access, utility installations, and more. The easement is typically documented in a written agreement, outlining its scope, restrictions, and any required maintenance obligations. When obtaining this type of easement in Missouri, it is important to consider the legal aspects, rights, and obligations associated with it. The granter may retain certain rights, such as the ability to use the road themselves or grant similar easements to other parties, but these should be clearly defined in the agreement. Additionally, the grantee must understand the responsibilities for road maintenance, repairs, and any associated costs. It is vital to consult legal professionals experienced in Missouri easements and right of way laws to ensure the proper drafting and execution of the agreement. Engaging a qualified attorney helps protect the rights of both the granter and grantee, minimizing potential disputes or issues arising from the easement. In conclusion, Missouri Easement and Right of Way (Nonexclusive, Permanent Use of Granter's Private Road) refer to the legal rights allowing individuals or entities to access and utilize a private road owned by another party. This type of easement provides nonexclusive and permanent access, ensuring uninterrupted passage for specified purposes. It is crucial to understand the rights, obligations, and potential restrictions associated with this easement, ensuring a well-documented and legally binding agreement.
Missouri Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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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.
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 ...
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 defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
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.
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.
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.
