Missouri Easement and Agreement for Highway Purposes

State:
Multi-State
Control #:
US-OG-987
Format:
Word; 
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Description

This form is an easement and agreement for highway purposes.

A Missouri Easement and Agreement for Highway Purposes refers to a legal document that grants the government or relevant authorities the right to use a specific piece of land for constructing, maintaining, and expanding highways or other transportation infrastructure. This agreement is established to ensure legal access to the land required for these public purposes. Keywords: Missouri, easement, agreement, highway purposes, transportation infrastructure, legal document, government, authorities, construction, maintenance, expansion, land access, public purposes. In Missouri, there are several types of easements and agreements for highway purposes, each serving a distinct purpose. Some of these types include: 1. Temporary Construction Easement: This type of easement grants the government or authorities temporary access to a property for constructing or repairing highways and associated infrastructure. It is typically valid for the duration of the construction or maintenance project. 2. Permanent Highway Easement: A permanent highway easement allows the government or relevant authorities to permanently utilize a portion of a property for highway development or expansion. This type of easement may involve the complete acquisition of a specific area, giving the authorities the right to maintain, operate, or modify the highway. 3. Right-of-Way Easement: A right-of-way easement gives the government or concerned authorities the right to pass through a property for constructing and maintaining highways, roads, or other transportation routes. It typically provides a clear pathway across private land to ensure unobstructed access for public traffic. 4. Access Easement: An access easement provides a means for the government or authorities to establish access points, driveways, or connecting roads to the main highways. This type of easement allows for safe and convenient entry and exit from adjoining properties. 5. Utilities Easement: This type of easement grants the government or relevant authorities access to the property to install, repair, and maintain utility infrastructure associated with highways, such as power lines, water pipelines, or communication cables. 6. Maintenance Agreement: A maintenance agreement outlines the responsibilities and obligations for maintaining the highways or transportation infrastructure granted access through an easement. It clarifies the roles of both the property owner and the government or authorities in keeping the highway safe and in good operational condition. These various types of Missouri Easements and Agreements for Highway Purposes ensure a legal framework between property owners and the government or relevant authorities, allowing for the development, maintenance, and expansion of crucial transportation infrastructure while safeguarding the rights and interests of all parties involved.

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FAQ

One can terminate an easement by adverse possession just as one may create a prescriptive easement by adverse possession. The petitioning party mush demonstrate that its use of the easement in question has been continuous, uninterrupted, visible and adverse under a claim of right for ten years.

Technically, yes, you can build on a property easement or a utility easement. There is nothing in the deed that says you can't. However, most choose not to for their own peace of mind. In the event that the owning estate of the easement ever has to access it, whatever sits on it may be removed.

Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient 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.

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.

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.

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.

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May 20, 2020 — To obtain a common law easement by necessity, the property owner desiring such an easement must show prior unity of title and subsequent ... Jan 5, 2022 — Contact an experienced Missouri real estate attorney at the Quitmeier Law Firm can provide the guidance you need to draft an easement agreement.The title docs say it is a non-exclusive easments for roadway purposes. There ... in complete and obvious violation of the easement's purpose. Thus, I think ... Oct 15, 2017 — Easements affect the property rights of many real property owners. An easement grants to the holder a right to use land owned by another. Aug 9, 2023 — Utilize Prescriptive Easement determination when deeds or agreements are not in place and responsibility is not identified. (Prescriptive ... Where the homeowners who are benefitted by the private road are not able to agree upon the designation of a supervisor to complete the plan of maintenance, the ... Aug 10, 2023 — Easements shall not be granted within the land limits of the highway system. All approved easement agreements, as a conveyance of a real ... Aug 28, 2014 — To download the file, please click or tap on the file name hyperlink below the document viewing window. Keywords. Landfill Permitting. MoDNR. The offer does not make the transaction complete. A road becomes public if sufficient public funds are spent on it to enable public use for 10 years. In summary ... Public easement (utility, drainage, or other) means an easement granted to the city for a public purpose, including, but not limited to the purpose of ...

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Missouri Easement and Agreement for Highway Purposes