Missouri Environmental Restriction Easement
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How to fill out Environmental Restriction Easement?
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FAQ
An easement is a privilege or right that the owner of one parcel of real property (called a dominant estate or dominant tenement) has concerning another parcel of an estate (called a servient estate), and the owner of a servient estate is obligated not to interfere with that privilege.
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 grants use of a part of property, but does not transfer interest. As such, the original property owner is still responsible for the taxes on the part of the property. Maintenance of the easement is usually the responsibility of the property owner.
The owner of the dominant estate is also generally responsible for maintenance and repair. Practice pointer: An instrument creating an easement should provide some specifications as to maintenance.
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 holder is deemed to have all rights necessarily incident to the enjoyment of the easement and its servitude, and the owner of the servient estate may not obstruct, interfere, or otherwise encroach upon the easement holder's use and enjoyment.
Conservation easements are used to protect a variety of values, including open space, rare habitats, water quality, historical significance, scenic values, recreational trails, or other features of the land.
An easement is an interest in land owned by someone other than the owner of the property. The land which is benefited by the easement is referred to as the dominant estate, while the land impressed with the easement is generally referred to as the servient estate.
An easement by prescription is one that is gained under principles of a legal concept known as "adverse possession", under which someone other than the original property owner gains use or ownership rights to certain property.