Section 8 Dedications for Private Use

• Library: Urban Development Subdivisions, and Annexations (2011 Ed.)

Streets, parks, and other "public" areas may also be established solely for the benefit of the subdivision's residents and not for the public in general. These areas should be identified on the plat. The plat and any related documents should make it perfectly clear that the right of use is restricted to the residents and that no public dedication is intended. Designating the lands as "private streets" and the like on the drawing is desirable, and the developer should grant the lot owners easements for ingress and egress over private streets and easements for the intended uses of common areas and other such lands. Even without an express grant of an easement, these private rights may arise by implication. See Blackburn v. Habitat Dev. Co., 57 S.W.3d 378, 385 (Mo. App. S.D. 2001) (citations omitted), which states:

"An easement entitles its owner to a limited use or enjoyment of the land of another." "Although an easement is an interest in land, it is not an interest in the 'title' to the real estate that is subject to the easement." "[N]o particular form and language are necessary to create an easement; rather, any words clearly showing the intention of the parties to create a servitude on a sufficiently identifiable estate is sufficient." While normally created by grant or prescription, an easement may also be acquired by agreement.

Over time, private rights may also arise through adverse possession. See Dobbs v. Knoll, 92 S.W.3d 176 (Mo. App. E.D. 2002) (although property owners in subdivision claimed that possession was not adverse because property...