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Easements

Missouri Strictly Construes Private Road Statute

March 19th, 2016 by

Missouri Courts recently addressed issues relating to the increase in size and weight of farm equipment and resulting problems accessing farmland. As equipment gets larger and heavier, existing easements and roads that have been used for decades often become inadequate to allow farmer’s access to fields. In Westrich Farms, LLC v. East Prairie Farm, LLC, a landowner’s tenant could no longer use a county road…

Missouri Case Fails to Expand a Written Easement Through Adverse Possession

March 25th, 2015 by

Easements allowing access for farm equipment are common in Missouri and Iowa. However, as farm equipment and machinery become larger, the dimensions of existing easements may no longer be adequate to provide access. This often creates disagreements between landowners and easement holders that wind up in court. The result from the court varies depending on how the easement was established, and, if written, on the…