An easement is the right to use another person's real property for a specific purpose. This is a property interest, but is non-ownership and non-possessory. An easement can be created to benefit a dominant estate and run with the land, or it can benefit an individual or legal entity. Easements are affirmative or negative in nature. The rights created by an easement are contained in an easement deed, which should specify the terms and duration of the agreement.

An easement obtained for the purpose of construction, reconstruction, acquisition, or remodeling of a solar energy devise is required to be created in writing and is subject to the same conveyancing and recording requirements as other easements in this state. This type of easement is considered to be negative and cannot be acquired by prescription (442.012). Conservation easements are also created, assigned, conveyed, recorded, released, modified, terminated, or otherwise altered in the same manner as other easements (442.014). Conservation easements are not appurtenant to an interest in real property.

In order to be eligible for recording, an easement deed should be signed by the party granting the easement and should also be acknowledged or proved and certified in the manner prescribed by Missouri Statutes. Easement deeds that are recorded in St. Louis City should be signed by all parties. If an easement deed is acknowledged or proved in the state of Missouri, the proof or acknowledgment can be taken before a court, judge, justice or clerk of a court having seal, or by a notary public. Acknowledgments or proof taken outside Missouri but within the United States can be taken before any of the officers listed in 442.150 of the Missouri Revised Statutes (442.150). A certificate of acknowledgment or proof should be endorsed on the deed by the officer taking such acknowledgment or proof (442.180).

An easement deed whereby real estate is affected, in law or in equity, that has been duly proved or acknowledged and certified in the manner prescribed by statute should be recorded in the office of the county recorder in the county where the real estate is located (442.380). After the easement deed is filed for record, it will serve as notice to all persons of the content thereof, and all subsequent purchasers and mortgagees are deemed, in law and in equity, to purchase with notice (442.390).

(Missouri ED Package includes form, guidelines, and completed example)

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