MO Missouri Porch

Land Use & Property Rights

Easements, access & landlocked land

Getting to your land — and who else gets to cross it — comes down to easements and recorded access. A few myths cause real trouble here, so let's walk through them calmly: what an easement actually is, the truth about the 30-foot road rule, and what really happens when land has no legal way in or out.

Start here

What an easement is

An easement is a legal right for someone to use part of your land for a set purpose — a power line, a shared driveway, a neighbor's access. Many easements are 'appurtenant' and stay with the land when it sells, but some are personal, temporary, limited, or can be terminated — so don't assume every easement runs with the land forever.

The four kinds you'll hear about

Easements come in different forms

Some are written down and easy to find; others can exist without a single piece of paper. Knowing which is which tells you how hard it will be to spot — and how solid it is.

Express easement
Written down and usually recorded — the cleanest kind to find and read.
Easement by necessity
Created when a parcel would otherwise be landlocked.
Prescriptive easement
Earned by open, continuous use for the legal period — like adverse possession, but for a use rather than ownership.
Implied easement
Inferred from how the land was used and divided, even without a written grant.

A myth worth correcting

The "30-foot road" rule isn't what people think

A common myth: that every undocumented 'public road' is automatically a 30-foot strip, 15 feet from the centerline. Not so. RSMo 229.010 says roads established under it must be at least 30 feet wide — it does not turn every old road into a guaranteed 30-foot strip. The real width and location depend on deeds, plats, county-court road orders, dedication, prescription, maintenance history, and MoDOT or county records. Before you build or fence near a road, check with the road authority and get a survey.

Easement checklist

Before you rely on an easement, pin down…

  • Exactly where it runs, and how wide it is.
  • Its purpose — and whether the use can expand beyond that.
  • Who is allowed to use it.
  • Who maintains it, and who pays.
  • Whether there are gate rights, and who controls the gate.
  • How it handles drainage and utilities.
  • Whether it can be relocated, and by whom.
  • Whether it's exclusive or shared.
  • How and when it can be terminated.
  • Whether it shows up in the title work, or could be an unrecorded implied/prescriptive right a title search may miss.
  • For a shared private road: get a WRITTEN road-maintenance agreement before you buy — 'everyone's always chipped in' is not a plan.

Read this before you buy

Landlocked land

If your land has no legal way in or out, you don't just 'petition the county.' A landlocked owner petitions the CIRCUIT COURT to establish or widen a private road of strict necessity (RSMo Chapter 228, e.g., 228.342). The affected neighbors become parties to the case, and the route and compensation are decided through the lawsuit — relief is not automatic. The lesson for buyers: confirm RECORDED legal access before you buy, not just a dirt track someone has been using.

When a big project comes through

Transmission lines and pipelines

Big transmission lines and pipelines (like the Grain Belt Express) can hold condemnation power to force an easement across your land — with compensation. See Eminent domain & your protections.

If you're facing one of these, read eminent domain & your protections next — it covers the notice you're owed, how compensation is measured, and the one rule that matters most: don't sign anything first.

Not legal advice

Missouri Porch explains the rules in plain words; your deed, your county, and the statutes are the final word — and for your situation, talk to a pro.

Last checked: 2026-06-18. Property law is nuanced, varies by county, and changes — so treat this as a plain-English starting point, not the final word. The authoritative answers are in your deed and the chain of title, your county's records, and the current statutes; for your situation, talk to a pro.

This is general information, not legal advice. Rules vary by county and change. Check your deed, your county's Recorder and Assessor, and the current statute — and for your situation, talk to a Missouri real estate attorney, a licensed land surveyor, or a title company.

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