The Law Office of Kurt H King

Do landowners whose land does not reach the actual roadway itself have a right to access a roadway over another person’s land?  What if the boundary line reaches into the 60 foot (30 feet each side of middle or roadway) right-of-way but does not reach the roadway itself?

There seems to be a dearth of Missouri case law on this point, but there is inference that such a landowner has to find another way to obtain roadway access if his land does not reach the roadway itself.

In Fortenberry v. Bali, 668 S.W.2d 216 (Mo. Ct. App. E.D. 1984), a case where plaintiffs sought an easement by necessity, we find this inference that it is those plaintiffs whose property intersects or abuts a public roadway who have a right to drive from the public roadway directly onto their land:

“It was not disputed that plaintiffs’ property neither intersected nor abutted a public roadway. Therefore, the sole issue is whether plaintiffs have a legally enforceable right to use any alternative route. Hill v. Kennoy, Inc., 522 S.W.2d 775, 777 (Mo. banc 1975).”

Consequently, a easement over the owner of the land upon which the road lies appears to be necessary for non-abutting landowners to access the roadway.

(This may be an easement by necessity situation if no other means of roadway access is available, but note that inconvenience falls short of necessity.)

Kurt H. King

816.781.6000

20 E. Franklin, Liberty, Clay County, Missouri 64068

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