Missouri HB3358 clarifies that a prescriptive easement for public use does not automatically transfer with property sales.
Missouri HB3358 amends Chapter 442 of the Revised Statutes of Missouri by adding a new section, 442.021. This section specifies that a prescriptive easement for public use does not automatically transfer to a new owner when property is sold. However, the new owner may reestablish the easement if public use of the property was continuous, uninterrupted, visible, and adverse for ten years. The ten-year period restarts with each new owner, who can prevent reestablishment through oral statements or signage.
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