7.40 "strict Necessity" Required
| Library | Real Estate Practice Deskbook (2019 Ed.) |
1. (§7.40) "Strict Necessity" Required
A private road can be established for any owner of real estate who does not have access, or sufficiently wide access, from a public road, but only if the road established or widened is a way of "strict necessity." Section 228.342, RSMo 2016. "[S]trict necessity" includes "the necessity to establish or widen a private road in order to utilize the property for the uses permitted by law." Id. Caselaw has defined "strict necessity" as "'the lack of a...
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