Road & Other Easements

  1. Private Property Rights:  Landowner loses "private" road to the public (no $$$)
  2. Proffitt v. Plymesser (Ohio, 2001):  Dispute over gates at entrance to road easement
  3. Easements in Texas (pdf; 22 pages), by Judon Fambrough
  4. Easement Primer (Texas) (pdf; 2 pages), by Judon Fambrough
  5. Landlocked Property (Texas) (pdf; 3 pages), by Judon Fambrough
  6. Misuse (abuse?) of Private Road Easements (Texas) (pdf; 2 pages), by Judon Fambrough
  7. Views FAQ's  (Nolo.com)
  8. Boundaries FAQ's
  9. Cemeteries (private)

 

Missouri:  Statute allows a landlocked landowner to "privately condemn" a road easement across his neighbor's land.  But you have to pay fair market value, pay for your own attorney and court costs, and don't necessarily get to determine the location of the road.  Maximum width is 40 feet for the road, and it seems the courts often allow only 12 feet width or so.

http://www.moga.state.mo.us/STATUTES/C228.HTM

Chapter 228.342. 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. As used in this section, the term "strict necessity" shall include the necessity to establish or widen a private road in order to utilize the property for the uses permitted by law. Any petition for the establishment or widening of a private road shall be filed and the proceeding shall be conducted in the circuit court of the county where the proposed road is to be located. The owners of the real property over which the proposed private road shall pass shall be named as defendants.

Chapter 228.345. The proposed private road as established or widened shall not exceed forty feet in width and shall be situated so as to do as little damage or injury and cause as little inconvenience as practicable to the owner or owners of the real property over which the private road shall pass. The petition shall contain a description of the location of the proposed road, including the width and points of beginning and ending.