The language in deeds often “excepts” the roadway. What does that mean?–the land under the roadway is not conveyed?–an easement is created? Did the fee title to the land stay with a previous landowner, was it never conveyed, or what?
At least one Missouri case says that such language creates an easement for the roadway with fee simple held by the person who owns the land under the road.
In Ogg v. Mediacom, 142 S.W.3d 801, section III (Mo. Ct. App. W.D. 2004), the court of appeals declared:
“Use of terms such as “right of way,” “road,” or “roadway” as a limitation on
land is a strong, almost conclusive, indication that the interest is an easement.”
Apparently, fee ownership belongs to the person who owns the land beneath the road or road right-of-way.
Kurt H. King
816.781.6000
20 E. Franklin, Liberty, Clay County, Missouri 64068
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