Missouri Utility Facilities Easement refers to a legal agreement that grants specific rights and privileges to utilities companies to occupy and use a section of land for installing, maintaining, and operating their infrastructure. This easement is vital for ensuring the efficient provision of essential services such as electricity, natural gas, water, telecommunications, and sewerage systems across the state of Missouri, USA. The primary purpose of a Missouri Utility Facilities Easement is to provide utilities companies with a legal right to access and utilize private or public properties for installing necessary utility lines, pipes, poles, or other equipment. These easements are typically obtained through negotiations or legal proceedings and must be agreed upon by both the utility company and the property owner or governing authority. Different types of Missouri Utility Facilities Easement may include: 1. Electric Utility Easement: This type of easement grants an electric utility company the right to install and maintain electrical power lines, transformers, and other related infrastructure on a particular piece of land. 2. Natural Gas Utility Easement: This easement allows a natural gas utility company to install, maintain, and operate gas lines, meters, valves, and associated equipment on the designated property. 3. Water Utility Easement: Water utility companies obtain this easement for the purpose of laying and maintaining water supply lines, pipes, meters, hydrants, and other necessary equipment. 4. Telecommunications Utility Easement: Telecommunication service providers may seek this easement to install, maintain, and operate communication lines and equipment such as fiber-optic cables, telephone poles, wireless antennas, and related infrastructure. 5. Sewer Utility Easement: Sewer utility companies acquire this easement to lay sewage lines, manholes, pumping stations, and other relevant facilities on a particular property. It is important to note that Missouri Utility Facilities Easements are not exclusive to these categories and may vary depending on the type of utility and the specific requirements of the easement agreement. These easements serve as an essential tool for utilities companies to ensure the consistent delivery of reliable services to residents, businesses, and communities throughout Missouri.
Missouri Utility Easement Laws
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What Are the Types of Easements in Missouri? Formal Agreement Easements: Most easements are created by formal agreement. Prescription Easements: If an individual can prove continuous, uninterrupted, visible, and adverse use of land for a period of at least 10 years, an easement by prescription will be created.
To establish a prescriptive easement, it is necessary to show use that has been continuous, uninterrupted, visible and adverse for a period of 10 years.
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.
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.
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.
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
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.
A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.
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.