Understanding Driveway Easements in Missouri

So, what is a driveway easement, you ask? An easement is a segment of land that neighbors have agreed to give each other access to. Driveway easements also affect the value of a home. Remember that every measurement matters in this situation and that it is always better to overestimate and not underestimate your needs when it comes to your driveway. Any time an easement is involved you should consult an attorney to ensure there are not any loopholes or strings attached. If you are in Missouri, we suggest that you consult comprehensive Missouri driveway easement laws to guide you through the process.

Driveway Easement – in Street Easement

To sum up what we are talking about; an easement is a right that someone has over your land. Missouri law allows people to receive an easement faster depending on the situation. Easement by necessity is granted if the property does not have any access to a road, unless you would have to trespass on someone else’s property to reach the road. If someone else owns the land then that person can sue in Missouri courts for an easement. Another kind of easement granted is one by prescription. Someone can claim a road by prescription if they’ve been using it for more than 10 years. In this situation, the person may not have asked permission to use the road, but if the roadway is older than 10 years then it becomes theirs to keep.

Missouri law also describes what happens if a neighbor puts something on the other side of an easement that impedes on the area. The person who put the blockage there has to repair it, and the person who owns the lot has a cause of action against them. There are many scenarios for an easement, so be sure to Google the particular situation that you are a part of.

Easy as Pie? Not with an easement involved. If you were building a brand new beautiful house then it might seem easy to go through the process, however, when it comes to neighbors it might be more difficult. For example, if your house has a driveway easement to a neighbor’s house then they cannot build a fence over it, and must allow access. Likewise, you can’t add a marble fountain to their driveway without permission, because that bottlenecks their driveway.

Sometimes people don’t realize that they are breaking the law with regards to an easement. For example, if someone builds something in your driveway and then refuses to take it away then this is called a trespass, and you can sue them through Missouri court. However, if you stay silent for more than 10 years then the other person can stay. Similarly, if someone has rights to an easement and then violates the easement by putting a trampoline in the yard with the intent to keep it there forever then it is best to document this misuse of land. For example, if you find yourself in this situation then you could take pictures and then pray for the best, or you could file a lawsuit. So, to help prevent this situation, you should visualize your needs clearly and plan for the future before you build on these easements.