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Recent Developments in Missouri Regarding Church Property

A Missouri court ruled that a church had a legal right to use a roadway across a neighboring property since an "easement by implication" had been created.

Missouri
State:
Key point. A church may have a legal right to use a road across adjoining property if it is the only means of access.

A Missouri court ruled that a church had a legal right to use a roadway across a neighboring property since an "easement by implication" had been created. Many churches use roads or driveways across adjoining property. Problems sometimes occur when the adjoining property owner sells the property and the new owner does not want to honor the arrangement. This is exactly what happened to a church in a recent case. In 1981 a husband and wife owned a 13 acre tract adjoining a state highway. They conveyed 2 acres of this tract to a church, which immediately began construction of a building. At the time of the conveyance there was a gravel roadway providing access to the state highway. The deed did not mention an easement, but the sellers advised the pastor that members and ...

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Posted:
  • March 2, 1998

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