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Missouri Easement Deed

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).

Deeds.com Missouri Easement Deed Forms Have Been Updated as Recently as Tuesday September 10, 2019

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A. S. said: First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.

Reply from Staff: Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!


Daron S. said: A download in word format would be a lot better than the pdf download.

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Lawrence W. said: Great so Far!

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Desmond L. said: Easy access

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Jacinto A. said: The forms are exactly what was needed. But wish I was able to click on the preview form to make sure it was the correct forms

Reply from Staff: Thank you for your feedback Jacinto.


Lindsey W. said: The service was great but after I did all my work and uploaded the documents they canceled my stuff because the county they had on the list doesnt take/or have set up e-recording yet. It was a bit disappointing because thats the only reason I was on here is because it brought me here from that countys sight.

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Missouri Easement Deed Form