Before buying or investing in real estate, it is always a good idea to conduct a title search to identify any possible problems with ownership. During this search, you may discover an easement attached to the property. An easement gives another entity or person the right to use part of or access your land, which can impact both its value and your ability to use it as you’d like.
If you have questions about easements and how they can affect your rights as a property owner, talk to a Missouri real estate attorney today.
How Do Easements Work?
When a person has an easement against your property, it means that they are entitled to enter your property in accordance with the terms of the easement. For instance, a person might be entitled to traverse your property in order to gain access to their own, or a power company may be permitted access to read meters and work on power lines.
Are There Different Types of Easements?
Multiple types of easements can apply to a single case, each of which can have a different effect on your property rights. Some of the most common types of easements in Missouri include:
Prescriptive Easements
A prescriptive easement acknowledges the long-term use of someone else’s land, even if that use was never authorized. For instance, if your next-door neighbor has been parking their car on your property for years, even without your say-so, they could potentially gain a legal foothold to keep doing so. If you suspect someone is trying to gain access to your property by laying the groundwork for a prescriptive easement, you need to take legal action to ensure your rights to your own property are protected.
Easements by Necessity
An easement by necessity gives someone the right to travel across your land when it’s the only reasonable way for them to access their own. For example, if you live in a rural area and your neighbor’s property is landlocked, they may have no choice but to cross your land to access a public roadway. Easements by necessity are typically not able to be interfered with or barred, since doing so would restrict your neighbor’s access to their own property.
Private Easements
Private easements are designed for specific, limited purposes, and in some cases, they can be bought or sold. For example, a property owner could bestow a private easement to allow a neighbor access so they can install solar panels or let a logging company on the property to cut down trees. These easements are attached to the land, which means that they stay in effect even if a new owner purchases the property. In other words, a new property owner might inherit a private easement that grants another party certain privileges regarding the use of the property in ways the new owner might not expect or particularly care for.
Utility Easements
Utility easements are quite common in Missouri. These easements give utility companies the right to access and maintain pipes, power lines, and other vital infrastructure located on someone’s private property. Utility easements usually apply to providers of water, electricity, cable, telephone, and sewer services. The scope of these easements is usually limited, only permitting access for very specific purposes, including upgrades, maintenance, or repairs to utility systems.
How Is an Easement Created?
There are a few different ways an easement can be created, such as:
- Express Easement: These easements are the most direct method of creating an agreement between the party being granted the right of access and the property owner.
- Implied Easement: Sometimes, easements are formed through the actions or established use of the parties, even in the absence of a written contract. The court may honor an implied easement if it’s clear that both parties intended the access to exist.
- Easement by Necessity: These easements arise anytime a property owner has no practical way to access their property other than by crossing someone else’s.
Problems That Can Be Caused by Easements
It is sometimes the case that an easement can work to a property owner’s advantage, such as by providing utility connections or necessary access. They can, however, also create hardships by restricting when and how your property may be used and potentially lowering its value. When an easement is not recorded properly or established legally, it can result in disputes, uncertainty, and even competing claims over who has the right to control or use certain parts of the property.
Talk to a Missouri Real Estate Attorney Today
If you are considering requesting or granting an easement or would like help eliminating an easement, contact the Missouri real estate attorneys at Wegmann Law Firm at (636) 797-2665 or reach out online to schedule a consultation. We can help you evaluate your situation and ensure that you understand your rights and legal options.
