A Missouri Release of Right of Way / Easement to Surface Owner is a legal document that terminates or releases a previously granted right of way or easement to the surface owner. This type of release allows the surface owner to regain full control and usage rights over a specific portion of their property that was previously encumbered by the right of way or easement. The purpose of a Release of Right of Way / Easement to Surface Owner is to extinguish the rights and privileges granted to a third party, typically for the purpose of accessing or using a portion of the surface owner's property. This document serves as evidence that the surface owner has voluntarily released the right of way or easement, freeing the property from any obligations or limitations associated with it. Keywords: 1. Missouri Release of Right of Way: This refers to the legal process of terminating or releasing a right of way in the state of Missouri. It is essential for anyone seeking to regain full control and ownership over their property. 2. Missouri Release of Easement to Surface Owner: This keyword combination emphasizes the release of any easement rights granted to a third party and returning ownership and control to the surface owner. 3. Surface Owner: The individual or entity that holds the title and ownership rights to the surface of a property, which might be affected by a right of way or easement. 4. Right of Way: A legally documented authorization allowing someone other than the property owner to access or utilize a specific portion of the property for a designated purpose, such as road construction or utility installation. 5. Easement: A legal right given to a person or entity to use another person's property for a specific purpose. It may involve crossing or accessing the property or using a portion of it for utility lines, drainage, or other related needs. Different types of Missouri Release of Right of Way / Easement to Surface Owner: 1. Voluntary Release: This type occurs when the surface owner willingly terminates a right of way or easement, typically due to a change in circumstances or no longer requiring the services provided by the third party. It requires the agreement and cooperation of all involved parties. 2. Mutual Agreement: In some cases, both the surface owner and the party benefiting from the right of way or easement may agree to release or terminate it. This type of release ensures that both parties have come to a mutual understanding and consent to relinquish the granted rights. 3. Abandonment: This type of release occurs when the party benefiting from the right of way or easement stops using or maintaining it for an extended period, showing a clear intention to abandon the rights granted. The surface owner can then request the legal termination of the right of way or easement through abandonment. In conclusion, a Missouri Release of Right of Way / Easement to Surface Owner is a crucial legal document used to revoke, terminate, or release any granted right of way or easement, allowing the surface owner to regain complete control and ownership over their property. Whether through voluntary release, mutual agreement, or abandonment, this document ensures the legal process of returning property rights to the surface owner in Missouri.
Missouri Release of Right of Way / Easement to Surface Owner
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FAQ
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.
A person claiming adverse possession in Missouri must show by a preponderance of the evidence that the possession was hostile and under a claim of right, actual, open and notorious, exclusive, and continuous for at least ten years.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
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.
Missouri: Statute allows a landlocked landowner to "privately condemn" a road easement across his neighbor's land. But you have to pay fair market value, pay for your own attorney and court costs, and don't necessarily get to determine the location of the road.
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.
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.
