Missouri Real Estate Law: What to Know About Easements

The Missouri real estate landscape can be complex, particularly when it comes to understanding property rights. One key aspect of this complexity is easements. An easement is a legal right to use another person's land for a specific purpose, and it's crucial for both property owners and potential buyers to comprehend how easements function within Missouri real estate law.

Types of Easements

In Missouri, easements can be categorized into several types:

• Appurtenant Easements: These are connected to a specific parcel of land and transfer with the property when sold. For example, a neighbor may have a right to cross your property to access their own.
• In Gross Easements: These don’t benefit a specific piece of land but are granted to an individual or organization. Utilities often have these easements to install and maintain power lines or pipelines.
• Prescriptive Easements: These arise from the continuous, open use of someone else's property without permission. In Missouri, if this use continues for 10 years or more, the user may claim an easement.

Creation of Easements

Easements in Missouri can be created through various means:

• Written Agreement: The simplest method, often included in property deeds, described clearly in legal language.
• Implied Easements: Often arise from the circumstances surrounding property use, such as necessity or prior use.
• By Use: This involves cases where a landowner has permitted the regular use of their property, leading to the establishment of an implicit easement.

Rights and Responsibilities

Understanding the rights and responsibilities associated with easements is important. The holder of an easement generally has the right to use the land in the manner specified, but this must be done without causing excessive damage to the servient estate (the property over which the easement runs).

For example, if a utility company has an easement for power lines, they must maintain the lines without disrupting the property owner's everyday life. The property owner, on their part, cannot obstruct the easement holder's rights, such as planting trees or constructing a fence on the easement area.

Contesting an Easement

If a property owner believes that an easement was granted improperly or is being misused, there are legal avenues available. In Missouri, it’s possible to contest an easement if:

• The easement was created without proper documentation.
• The use of the easement exceeds what was originally intended.
• The easement is no longer necessary or has been abandoned.

Property owners should document any misuse or disputes to build a strong case if they need to seek legal action to contest an easement.

Conclusion

Navigating Missouri real estate law regarding easements can be challenging, but understanding the types, creation, rights, and responsibilities is essential for both current and prospective property owners. It is advisable to consult a real estate attorney to gain thorough insights tailored to specific situations and to ensure compliance with applicable laws.