Section 12 Grant

• Library: Real Estate Fundamentals 2011

Most easements today are created by formal grant drawn and executed with the same formality as a deed. Generally, as with deeds, the words “and his heirs and assigns” ensure interpretation of the easement as a perpetual one or one that “runs with the land.” Of course, an easement by grant may terminate on condition or may arise only on condition. Holekamp Lumber Co. v. State Highway Comm’n, 173 S.W.2d 938, 942 (Mo. 1943).

Chapter 442, RSMo, covers recording of real estate instruments, and §§ 442.380 and 442.400, RSMo 2000, provide a statutory framework to bind third parties to the terms of an easement.

Until December 31, 2006, express grants could create blanket easements permissible and valid as long as the tract affected is described, for example:

“A 20' right-of-way, across the S½ of the SE¼, Section 10, T12N, R3E.”

In general, any description is sufficient if it affords the means
of identification of the property. Hoelscher v. Simmerock, 921 S.W.2d 676, 679 (Mo. App. W.D. 1996). But see Trust by Sherman v. Wilson, 928 S.W.2d 897, 898 (Mo. App. E.D. 1996)
(“A judgment affecting real...