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In the absence of an agreement to the contrary, the owner of the dominant estate has the general duty to repair easement damage.
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.
There are two general types of easements recognized in Missouri: (1) appurtenant easements and (2) easements in gross.
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.
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.
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.