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easement defined

9/5/2011. Rural

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easement defined

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    1. 9/5/2011 Rural & Agricultural Law (Professor Matthews) 1 Easement Defined Non-possessory interests in realty Negative Easements: Solar or wind MO Statute 422.012: No solar easements by prescription (must be expressly granted) Affirmative Easements: Roads, utilities above and below ground, paths Location: How wide? Scope: For what purposes? Fenced off? Duration: Either a stated time period or forever (in perpetuity)

    2. 9/5/2011 Rural & Agricultural Law (Professor Matthews) 2

    3. 9/5/2011 Rural & Agricultural Law (Professor Matthews) 3 Terminating An Easement Express Release Via A Quitclaim Deed Expiration of Stated Duration Abandonment Prescription Conveyance to Bona Fide Purchaser (BFP) Someone who gives value and is without notice that someone other than the seller has rights

    4. 9/5/2011 Rural & Agricultural Law (Professor Matthews) 4 Proffit v. Plymesser (Ohio, 2001) Which of the following is NOT one of the arguments made by Plymesser (whose land was subject to the road easement)? 1) Unfair to allow Proffitt to buy more land to access (more than 100 additional acres) than the original 70 acres the easement was granted for 2) That Plymesser had the right of co-possession to the road easement land and should be allowed to graze his cattle on the easement (so would need gates to keep his cattle fenced in) 3) Prior Ohio court decisions allowed putting gates across road easements 4) That Proffitt should not be allowed to widen the road easement to accommodate modern (wider) machinery as the original easement grant was at a time when only a narrow farm path was needed 5)  The written easement did not state it was in perpetuity (forever)

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