Missouri Partial Release of Easement (Communication Easement)
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How to fill out Partial Release Of Easement (Communication Easement)?
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FAQ
There are two general types of easements recognized in Missouri: (1) appurtenant easements and (2) easements in gross.
The primary difference between these two legal doctrines has to do with who ends up owning the property in question. A prescriptive easement gives the legal right of use to someone other than the rightful property owner.
An easement acquired by prescription is a right acquired by continued and un-interrupted use which is open and visible, hostile, and under claim of right for a period of at least ten years.
To obtain a common law easement by necessity, the property owner desiring such an easement must show prior unity of title and subsequent deprivation of access to a public roadway. An easement by necessity will not arise from proof that the easement will be convenient.
A prescriptive easement is an easement acquired through open and notorious use of an owner's land which is adverse to the owner's rights, for a continuous and uninterrupted period of years. The period of years required for such an easement is defined by state laws.
Generally, the duty to maintain an easement rests with the owner of the dominant estate.
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.