An easement is a legal right to use someone else's land for a specific purpose without owning it — for example, a driveway across a neighbor's lot or a utility line crossing a yard. The landowner keeps title to the property, while the easement holder gains a defined right to use part of it.
How easements work in Missouri
Missouri recognizes two broad kinds of easement. An easement appurtenant benefits an adjoining parcel — the "dominant" land — and runs with that land, transferring automatically to future owners. An easement in gross benefits a person or company rather than a parcel; a utility company's right to maintain lines is the classic example.
Easements can be created in several ways: by express grant or reservation in a deed, by necessity (when a divided parcel is left landlocked), by implication (when circumstances at a parcel's division show the use was intended to continue), or by prescription (long, open, continuous, and adverse use). Because an easement runs with the land it burdens or benefits, it generally survives a change of ownership.
Why it matters
For buyers, a recorded easement on a property does not disappear at closing — it binds the new owner, so a title search and survey should reveal what burdens or benefits the land before you buy. For sellers, an easement can limit how the land may be used and should be disclosed. For neighbors, a clearly defined easement — its route, width, purpose, and maintenance — prevents most right-of-way disputes, while a vague or unrecorded one invites them.
Frequently Asked Questions
What is the difference between an easement and ownership?
An easement is the right to use another person's land for a specific purpose, not to own it. The owner keeps title and may use the property in any way that does not unreasonably interfere with the easement.
Does an easement transfer when I sell my property?
An appurtenant easement transfers automatically with the land it benefits, even if the new deed does not mention it. An easement in gross, such as a utility easement, belongs to a person or company rather than passing with the land in the same way.
Does a recorded easement bind future owners?
Generally yes. A recorded easement gives notice to the world and binds future owners of the burdened land, which is why confirming easements by title search and survey before a sale matters.
Legal Disclaimer
This page provides general legal information about Missouri law and is not legal advice. It does not create an attorney-client relationship. Every situation depends on its own facts, deadlines, and documents; consult a qualified Missouri attorney before acting.