St. Louis Real Estate Easement Attorney

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A real estate easement is the right of someone other than the property owner, also known as a right of way, to use the land in some manner. An easement can benefit another specific real estate parcel, known as an appurtenant easement, or the easement can benefit a specific individual or company, known as a gross easement or easement in gross. A St. Louis real estate easement attorney can explain the different ways easements are created in Missouri. An easement by agreement means the owner of the property voluntarily contracted and gave an easement to another. An easement by prescription or prescriptive easement can be granted by a court if it is found that for 10 years there has been a continuous, uninterrupted, visible and adverse use of a property that is owned by another. The adverse requirement means the property owner could not have simply allowed for the use of the property. A court can also grant an easement by necessity. This generally occurs when someone divides a piece of property, resulting in one of the subdivided pieces without access to the road. The easement by necessity will provide a strip of land over another property allowing access to the road. In addition to simply granting an easement, any easement agreement drafted by a competent real estate easement attorney should also specifically define the easement area, preferably with a survey, and contain provisions concerning who will maintain the easement, rights that may be reserved, and indemnification clauses.

Missouri Property & Land Boundary Disputes Law Firm

Property and land boundary disputes are common matters for Missouri real estate law firms to handle. Many property disputes that are eventually handled by attorneys arise innocently when an individual goes to sell their property. During that real estate transaction a stake survey may be performed that shows an encroachment such as a fence, driveway, etc either onto your property by the neighbor or by you onto the neighbor's property. If this encroachment is small and does not significantly affect the property, an option is to enter into an easement agreement to resolve the land dispute.

Chesterfield Real Estate Easement Lawyer

From offices in St. Louis, Missouri, TdD Attorneys at Law LLC, represents clients in communities throughout the metro area including St. Charles, St. Peters and Chesterfield. Contact attorney Ted Disabato at 314-527-3224 to schedule an initial consultation with an experienced Chesterfield real estate easement lawyer today. Our firm offers reasonable fees and payment arrangements to all clients.

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