9.2 Definitions

• Library: Real Estate Practice Deskbook (2019 Ed.)

A. (§9.2) Definitions

"An easement is a non-possessory interest in the real estate of another." Burg v. Dampier, 346 S.W.3d 343, 353 (Mo. App. W.D. 2011). Specifically, the Supreme Court of Missouri has defined an easement as an "interest in land." Dowd v. Lake Sites, Inc., 276 S.W.2d 108, 113 (Mo. 1955). But this interest is not an interest in the "title" to the real estate. See St. Charles County v. Laclede Gas Co., 356 S.W.3d 137, 139 (Mo. banc 2011) (an easement does not grant title to land; instead...