Easement in Missouri

State-specific overview · Property & Real Estate

Quick summary

Missouri recognizes easements by express grant, implication, necessity, and prescription with a 10-year prescriptive period.

How Missouri treats Easement

Missouri enforces easements created through written instruments, oral agreements, and implied agreements based on prior use patterns. Easements by necessity apply when property is completely cut off from public roads or essential services. Prescriptive easements require 10 years of open, notorious, exclusive, and continuous use without the owner's permission. Missouri courts also recognize easements by estoppel when a property owner's conduct or representations cause another party to reasonably rely on easement rights.

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The general definition of Easement

The right to use someone else's land for a specific purpose, like crossing it or running utilities.

An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Missouri.