Utility Easements
High voltage

O Fallon, MO

#1 Apr 8, 2013
I am trying to find the utility easements on my property in the city limits of troy. This subdivision has been here 35 yrs and no one in this town can tell me where my utility easements are??

I have talked to the mayor,,recorder of deeds,,assesers office,,the surveyor,, the last survey was done in 2005 and remember this subdivision has been here 30 year+ and they don't know where the utility easements exsist????? No one in the whole city of Troy?? Of course I can pay 400 dollars for another survey,, what's up with all this???
Easement Ed

Saint Louis, MO

#2 Apr 9, 2013
You need to know the following information:
The name of your subdivision and your lot number.

Most likely the easements in question were recorded with the plat for your subdivision, which also created your lot. With this information, you can go to the recorder of deeds office and look at the plat. I have worked with recorder of deeds offices in several counties, and the people in the Lincoln County Recorder's office are the best. Very helpful, but they are the keepers of the recorded information, not surveyors or title examiners, so they can't do all the research for you.

It is possible, although unlikely, that easements were created later, in which case you will need a title report. If you get a survey without the benefit of a title report, it may not show all of the easements.

What's up with all this? The information is out there, but its not any of those entities responsibility to compile it for you. A more knowledgeable person may be able to help you with the minimal information I mentioned at the top, but I don't think the City has that kind of person.
Long Time Ago

Wright City, MO

#3 Apr 9, 2013
The statutes regarding what constitutes a "legal" easement have changed, significantly, since your subdivision was platted. This includes the "Condemnation Process" for obtaining such an easement where one does not currently exist. While it is a cost to you, it might do you well to seek the counsel of an experienced real estate attorney.

Your situation might fall under the following:

prescriptive easement n. an easement upon another's real property acquired by continued use without permission of the owner for a period provided by state law to establish the easement. The problems with prescriptive easements are that they do not show up on title reports, and the exact location and/or use of the easement is not always clear and occasionally moves by practice or erosion

You might want to ask about "Missouri One Call" locating the utilities that adjoin your property.
High Voltage

O Fallon, MO

#4 Apr 9, 2013
Easement Ed wrote:
You need to know the following information:
The name of your subdivision and your lot number.
Most likely the easements in question were recorded with the plat for your subdivision, which also created your lot. With this information, you can go to the recorder of deeds office and look at the plat. I have worked with recorder of deeds offices in several counties, and the people in the Lincoln County Recorder's office are the best. Very helpful, but they are the keepers of the recorded information, not surveyors or title examiners, so they can't do all the research for you.
It is possible, although unlikely, that easements were created later, in which case you will need a title report. If you get a survey without the benefit of a title report, it may not show all of the easements.
What's up with all this? The information is out there, but its not any of those entities responsibility to compile it for you. A more knowledgeable person may be able to help you with the minimal information I mentioned at the top, but I don't think the City has that kind of person.
I took all the stuff you mentioned to every location in town that you mentioned and all I get is plat with no utility easements on it how can this be?? this subdivision is 35 yrs old and the last survey was done in 2005,,not 1805,, although fitch and associates will research this again for 400 dollars dollars,, I want original,, not after the fact,,thanks
Get Help

Lake Saint Louis, MO

#5 Apr 9, 2013
Well, it sounds to me that something is amiss. Your title and survey should have the easement identified. It might be money well spent to take what you have to an experienced real estate attorney NOT in Lincoln County and pay for 1 hour of consultation. You just may learn more in that 1 hour that could save you big $$ in the end. For example, you may learn that the title in your possession may be defective, and you could seek relief from the title insurance carrier. Or, if a builder that is still in business built your home, you may seek relief from them in small claims court.

At this point, get some professional advice...it will save you in the long run.
High Voltage

O Fallon, MO

#6 Apr 10, 2013
Get Help wrote:
Well, it sounds to me that something is amiss. Your title and survey should have the easement identified. It might be money well spent to take what you have to an experienced real estate attorney NOT in Lincoln County and pay for 1 hour of consultation. You just may learn more in that 1 hour that could save you big $$ in the end. For example, you may learn that the title in your possession may be defective, and you could seek relief from the title insurance carrier. Or, if a builder that is still in business built your home, you may seek relief from them in small claims court.
At this point, get some professional advice...it will save you in the long run.
Thanks for the info I might try that,,you are right something is truly a miss here and nobody is telling.
Easement Ed

Saint Louis, MO

#7 Apr 10, 2013
What subdivision are you in?
High Voltage

O Fallon, MO

#8 Apr 10, 2013
Not a very good one. Troy royalty built it.

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