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Ely
Ely, Counselor at Law
Category: Legal
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What are Missouri's laws on hostile easeways

Customer Question

What are Missouri's laws on hostile easeways
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What you are asking about is called an easement by prescription. Establishment of a prescriptive easement must contain the following requirements: use of property for a ten-year period; use must be adverse; use must be under claim of right and there must be notice to owner, notice being open, visible, continuous and uninterrupted. Auxier v. Holmes, 605 S.W.2d 804 (Mo.App. 1980).

So yes, they can establish an easement by prescription if they can prove the above. However, there are two things you should know:

1) This is not automatic. They cannot simply start using that lane. They have to file a lawsuit, go to court, and prove the elements described above by clear evidence before the Court renders a judgment allowing this - a process that can take months and be very expensive. Until/unless they do this, there is no easement; and

2) If they success, they would not own the lane, but can only use it for what they have been using it for before.

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