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55-541: Ozark Trail may refer to: Ozark Trail (hiking trail) , a hiking and backpacking trail in Missouri Ozark Highlands Trail , a hiking and backpacking trail in Arkansas Ozark Trail (auto trail) , an early network of locally maintained roads and highways Ozark Trail (brand name) , a private-label brand name owned by Walmart Topics referred to by

110-672: A condemnation proceeding in the courts. Note that in the United States, in accordance with the Fifth Amendment to the U.S. Constitution, property cannot simply be taken by the government unless the property owner is compensated for the fair market value of what is taken. This is true whether the government acquires full ownership of the property ("fee title") or a lesser property interest, such as an easement. For example, utility providers are typically granted jurisdiction-wide easement to access and maintain their existing infrastructure. In

165-407: A deed or other legal instrument. Alternatively, it may be created by reference to a subdivision plan by "dedication" or in a restrictive covenant in the agreement of an owners association. Generally, the doctrines of contract law are central to disputes regarding express easements. Implied easements are more complex and are determined by the courts based on the use of a property and the intention of

220-444: A utility that allows a linesman to enter the premises , "to install and retain their cabling or piping across private land in return for annual payments to the landowner". Like a license or profit-à-prendre , a "wayleave is normally a temporary arrangement and does not automatically transfer to a new owner or occupier". More generally, a wayleave agreement can be used for the infrastructure needs of any service provider, such as

275-530: A 'limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor’s land to get to their own.' Another example is someone's right to fish in a privately owned pond, or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Historically, common law courts would enforce only four types of easements: Courts now recognize more varieties of easements, but these original four categories still form

330-492: A case, Zach's "dominant" parcel would contain an access easement to cross James's "servient" parcel. An easement may be implied, express or created in other ways. Easements are most often created by express language in binding documents. Under most circumstances, having a conversation with another party is not sufficient. Parties generally grant an easement to another, or reserve an easement for themselves on disposition of land. An express easement may be "granted" or "reserved" in

385-473: A definite location or description, is called a floating or roving easement". Furthermore, "a floating easement becomes fixed after construction and cannot thereafter be changed". In general, a wayleave is a right to access or cross the land of another for some purpose. Frequently nowadays in British energy law and real property law , a wayleave is a type of easement, appurtenant to land or in gross , used by

440-492: A dismemberment of ownership if animus is to inclined) as long as the nature of possession is peaceful, continuous, public and unequivocal throughout. (According to article 2922 of the Civil Code of Quebec or CCQ) the prescribed period is 10 years (2917–2920 CCQ), except as otherwise provided by law. (2918 sets a different time for unregistered property. Reduced from 30 years.) Exceptions to prescription: Possession cannot establish

495-503: A dominant estate. The easement can be for a personal use (for example, an easement to use a boat ramp) or a commercial use (for example, an easement to a railroad company to cross property to build and maintain a rail line). Historically, an easement in gross was neither assignable nor inheritable, but commercial easements are now freely transferable to a third party. They are divisible but must be exclusive (the original owner no longer uses it and exclusive to easement holder) and all holders of

550-494: A driveway easement in the deed. A originally had common ownership of both properties. A also used the driveway during this period. A then severed the land. Although A did not reserve an easement, the driveway is obviously on the property and a reasonable buyer would know what it is for. Finally, the driveway is reasonably necessary for a residential plot; here is an implied easement. Easements by prescription , also called prescriptive easements , are implied easements granted after

605-568: A minimum amount of right-of-way needing to be obtained from private landowners. A first meeting in 1976 at Meramec State Park lead to the first draft of the trails proposal in February 1977 and in 1981 the first sections of the trail were under construction. The general route of the Ozark Trail is determined by the Ozark Trail Council, which was formed by seven governmental agencies including

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660-468: A parcel owned by an individual. In the US, an easement appurtenant is one that benefits the dominant estate and "runs with the land" and so generally transfers automatically when the dominant estate is transferred. An appurtenant easement allows property owners to access land that is only accessible through a neighbor's land. Conversely, an easement in gross benefits an individual or a legal entity, rather than

715-410: A prescriptive easement can only be determined for an affirmative easement not a negative easement. In all U.S. jurisdictions, an easement for view (which is a negative easement) cannot be created by prescription. Prescription may also be used to end an existing legal easement. For example, if a servient tenement (estate) holder were to erect a fence blocking a legally deeded right-of-way easement,

770-412: A prescriptive easement. Government- or railroad-owned property is generally immune from prescriptive easement in most cases, but some other types of government owned-property may be subject to prescription in certain instances. In New York, such government property is subject to a longer statute of limitations of action, 20 years instead of 10 years for private property . In most U.S. jurisdictions,

825-417: A public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access, and the grant was never completed or recorded but is thought to exist. A court order is necessary to determine the existence of an easement by necessity. To obtain this generally the party which claims

880-421: A regular or implied easement rather than a prescriptive easement and immediately becomes binding. An example of this is the lengthy Irish Lissadell House rights of way case heard since 2010, that extended long-standing consents given to individuals into a public right of way. In other jurisdictions, such permission immediately converts the easement into a terminable license, or restarts the time for obtaining

935-463: A road, or to a source of water) such as the right of lot owners in a subdivision to use the roadway on the approved subdivision plan without requiring a specific grant of easement to each new lot when first conveyed. An easement by necessity is distinguished from an easement by implication in that the easement by necessity arises only when "strictly necessary", whereas the easement by implication can arise when "reasonably necessary". Easement by necessity

990-544: A servitude under 1181 CCQ, but non-use of a servitude will extinguish it. In the state of Louisiana , a mixed legal jurisdiction with strong civil law roots, prescription can be either acquisitive or liberative, both of which involve the creation or extinguishing of rights over time. Acquisitive prescription in Louisiana is analogous to the common law idea of adverse possession. As defined in La. C.C. Art. 3446, "acquisitive prescription

1045-415: A telecommunications network, electricity grid or gas pipeline. In mining law, a wayleave is a right to cross a neighbour's land e.g. in order to convey a mineral to a seaport, and might include the right to run a private railway, payment depending on the tonnage conveyed. Variants of the concept included waterleaves (the right to drain away water) or airleaves (the right to convey air for ventilation). In

1100-503: A wall of trees that would block the adjacent land owner B's mountain view. A is subject to a negative easement from B. As defined by Evershed MR in Re Ellenborough Park [1956] Ch 131, an easement requires the existence of at least two pieces of land. The land with the benefit of the easement is the dominant estate or dominant tenement, while the land burdened by the easement is the servient estate or servient tenement. For example,

1155-495: Is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes . In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing

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1210-521: Is a higher standard by which to imply an easement. In India, easement of necessity could be claimed only in such cases where transfer, bequeathment or partition necessitates such claim. As an example, some U.S. state statutes grant a permanent easement of access to any descendant of a person buried in a cemetery on private property. In some states, such as New York, this type of easement is called an easement of necessity. An easement may also be created by prior use. Easements by prior use are based on

1265-464: Is a mode of acquiring ownership or other real rights by possession for a period of time." Unlike the common law adverse position, Louisiana's acquisitive prescription is not a procedural bar to recovering property but the creation of a new ownership right in the property. Time periods for acquisitive prescription depend on whether the property is movable or immovable and whether the property is possessed in good faith (possessor believes they have title to

1320-419: Is built adjacent to the landlocked tenement or another easement is acquired without regard to comparison of ease or practicality between the imposed easement and any valid substitute). There is also an unwritten form of easement referred to as an implied easement or easement by implication, arising from the original subdivision of the land for continuous and obvious use of the adjacent parcel (e.g., for access to

1375-458: Is different from Wikidata All article disambiguation pages All disambiguation pages Ozark Trail (hiking trail) The trail is currently composed of thirteen sections, most of which are joined to other sections, though some gaps exist. The sections vary in length from 8 to 40 miles (13 to 64 km). The longest continuous stretch available for hiking in as of 2008 is 225 miles (362 km), from Onondaga Cave State Park to

1430-414: Is partly responsible for the rapid initial progress in building the trail — 170 (275 km) miles within the first decade and over 200 miles (322 km) by 1991. In 2008, the mileage stands at over 350 miles (563 km). As the route over contiguous public lands is completed further progress will likely be slowed by the arduous process of acquiring private land and easements . Volunteers formed

1485-565: The Eleven Point River . The exact routes for incomplete sections have not been established, so the total length of the trail when completed remains undetermined. Some sections have restrictions on their use in order to be compatible with the goals and purposes of the various public and private landholders whose property the trail crosses. Horseback riding, mountain biking, or trail side camping may be restricted in certain environmentally sensitive areas. The Ozark Trail had its beginnings in

1540-627: The National Forest Service , the Missouri State Parks Department , the Missouri Conservation Commission , et al. , plus several environmental groups and a private landowner with significant holdings. The land manager for each parcel held by these constituents is responsible for the trail within its holdings. This unique decentralized arrangement is conducive to work progressing on many fronts at once and

1595-466: The United States , an easement in gross is used for such needs, especially for permanent rights. An access easement can provide access from public land, road or path or a public right of way to a parcel of land. For example, if Zach and James own neighboring parcels of land, Zach's parcel may have easement rights to cross James's parcel from public land, road or path or a public right of way. In such

1650-518: The 1970s when a group of public land managers, land owners, and trail users met to discuss the concept of a long-distance hiking trail. A comprehensive state outdoor recreation plan prepared by the state of Missouri in 1975 showed a need for an addition of 500 to 900 miles (805 to 1,448 km) of hiking trails. It was determined that a trail spanning the Ozarks from suburban St. Louis southwest to Arkansas could be routed over mostly existing public lands with

1705-623: The Ozark Trail Association in 2002 to work with the Ozark Trail Council to develop and maintain the Ozark Trail. The Ozark Trail was designated a National Recreation Trail in 2008 The upper reservoir of the Taum Sauk pumped storage plant failed in December 2005, causing a flood that devastated Johnson's Shut-ins State Park and destroyed a part of the Taum Sauk section of the Ozark Trail at

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1760-403: The debtor and starts the tolling of another prescriptive period. This differs from peremption , which is a fixed time for the existence of a legal right and which cannot be renewed like liberative prescription. When a property owner misrepresents the existence of an easement while selling a property and does not include in the deed to the buyer an express easement over an adjoining property that

1815-411: The dominant estate has used the property in a hostile, continuous and open manner for a statutorily prescribed number of years. Prescriptive easements differ from adverse possession by not requiring exclusivity. Once they become legally binding, easements by prescription hold the same legal weight as written or implied easements. But, before they become binding, they hold no legal weight and are broken if

1870-425: The dominant tenement holder would have to act to defend their easement rights during the statutory period or the easement might cease to have legal force, even though it would remain a deeded document. Failure to use an easement leading to loss of the easement is sometimes referred to as "non-user". Under the civil law of Quebec possessors with the animus (will) to be owners can acquire a right of ownership (or to

1925-401: The easement files a lawsuit, and the judge weighs the relative damage caused by enforcing an easement against the servient estate against the damage to the dominant estate if the easement is found not to exist and is thus landlocked. Because this method of creating an easement requires imposing a burden (the easement) upon another party for the benefit of the landlocked owner, the court looks to

1980-490: The easement must agree to divide. If subdivided, each subdivided parcel enjoys the easement. A floating easement exists when there is no fixed location, route, method, or limit to the right of way . For example, a right of way may cross a field, without any visible path, or allow egress through another building for fire safety purposes. A floating easement may be public or private, appurtenant or in gross. One case defined it as "(an) easement defined in general terms, without

2035-453: The easement will not usually be described precisely, but its general position will be defined by the service route (i.e., the sewer pipes in this example). Power and water lines may also have implied easements linked to them, but drainage and stormwater systems are commonly precisely defined in location and recorded in the title documents for private land. Necessity alone is an insufficient claim to create any easement. Parcels without access to

2090-412: The exclusivity requirement has been interpreted to mean that the prescriptive user must use the easement in a different way from the general public, i.e., a use that is "exclusive" to that user. The period of continuous use for a prescriptive easement to become binding is generally between 5 and 30 years depending upon local laws (sometimes based on the statute of limitations on trespass). Generally, if

2145-461: The foundation of easement law. An affirmative easement is the right to use another property for a specific purpose while a negative easement is the right to prevent another from performing an otherwise lawful activity on their own property. For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement from B. Conversely, a negative easement might restrict land owner A from putting up

2200-434: The idea that land owners can intend to create an easement, but forget to include it in the deed . There are five elements to establish an easement by prior use: A owns two lots. One lot has access to a public street and the second is tucked behind it and fully landlocked. A's driveway leads from the public street, across the first lot and onto the second lot to A's house. A then sells off the first lot but forgets to reserve

2255-404: The land believing that there would be access to the bridge and the driveway and Joe then paid for a house and a connection, Joe can be said to rely on Ray's promise of an easement. Ray materially misrepresented the facts to Joe. In order to preserve equity, the court will likely find an easement by estoppel. On the other hand, if Ray had offered access to the bridge and driveway after selling Joe

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2310-416: The land, there may not be an easement by estoppel. In this instance, it is merely inconvenient if Ray revokes access to the driveway. Joe did not purchase the land and build the house in reliance on access to the driveway and bridge. Joe will need to find a separate theory to justify an easement. In the United States , easements may be acquired (bought) by the government using its power of eminent domain in

2365-577: The law of England and Wales following the incorporation of the European Convention on Human Rights into English law, any deprivation of the rights of the owner of property must be "in accordance with law" as well as " necessary in a democratic society " and "proportionate". In certain jurisdictions in the United States, especially California , the court has the power to grant an equitable easement based on principles of equity (fairness). Equitable easements can be created for physical encroachments where

2420-403: The original circumstances in weighing the relative apportionment of benefit and burden to both lots in making its equitable determination whether such easement shall be created by the court. This method of creating an easement, being an active creation by a court of an otherwise non-existent right, may be automatically extinguished upon termination of the necessity (for example, if a new public road

2475-546: The original parties, who can be private or public/government entities. Implied easements are not recorded or explicitly stated until a court decides a dispute, but reflect the practices and customs of use for a property. Courts typically refer to the intent of the parties, as well as prior use, to determine the existence of an implied easement. Disputes regarding implied easements usually apply the principles of property law. A government authority or private service provider may acquire an implied easement over private land by virtue of

2530-401: The owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house. Here, parcel A is the dominant estate, receiving the benefit, and parcel B is the servient estate, granting the benefit or suffering the burden. A private easement is held by private individuals or entities. A public easement grants an easement to the public, for example, to allow public access over

2585-461: The promise that Joe can use Ray's driveway and bridge to the main road at any time, but Ray does not include the easement in the deed to the land. Joe, deciding that the land is now worth the price, builds a house and connects a garage to Ray's driveway. If Ray (or his successor) later decides to gate off the driveway and prevent Joe (or Joe's successor) from accessing the driveway, a court would likely find an easement by estoppel. Because Joe purchased

2640-410: The property) or in bad faith. Liberative prescription is analogous to the common law statute of limitations. As defined in La. C.C. Art. 3447, "liberative prescription is a mode of barring of actions as a result of inaction for a period of time." It can be renewed by the party who has gained its protection. For example, a debtor's admission that a debt is still owed renews the creditor's claim against

2695-413: The public service it performs. For example, a local authority may have the responsibility of installing and maintaining the sewage system in an urban area. Merely by the fact that it has that responsibility, usually enshrined in some statute or local laws, may give the authority the right, by virtue of an implied easement, to enter private property to carry out installation and maintenance. The location of

2750-419: The same term [REDACTED] This disambiguation page lists articles associated with the title Ozark Trail . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Ozark_Trail&oldid=1224504898 " Category : Disambiguation pages Hidden categories: Short description

2805-445: The seller owns, a court may step in and create an easement. Easements by estoppel generally look to any promises not made in writing, any money spent by the benefiting party in reliance on the representations of the burdened party, and other factors. If the court finds that the buyer acted reasonably and in good faith and relied on the seller's promises, the court may create an easement by estoppel. For example: Ray sells land to Joe on

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2860-588: The shut-ins. The Ozark Trail Association and the Missouri Department of Natural Resources mapped out a new route to replace the damaged section, which was completed in mid-2009. An unusually strong May 2009 windstorm devastated 44 miles of the trail within the Mark Twain National Forest, and all or parts of several sections of the Ozark Trail were closed because of downed trees. Within months several sections were repaired and reopened through

2915-403: The true property owner acts appropriately to defend their property rights at any time during the required time period the hostile use will end, claims on adverse possession rights are voided, and the continuous use time period will be reset to zero. In some jurisdictions, if the use is not hostile but given actual or implied consent by the legal property owner, the prescriptive easement may become

2970-495: The true property owner takes appropriate acts to defend their ownership rights. Easement by prescription is typically found in legal systems based on common law , although other legal systems may also allow easement by prescription. Laws and regulations vary among local and national governments, but some traits are common to most prescription laws: Unlike fee simple adverse possession, prescriptive easements typically do not require exclusivity . In states that do, such as Virginia,

3025-402: The work of both volunteer and paid forest service crews. All access was eventually restored, though as of May, 2013, conditions on some sections of trail may be of concern to bikers or to those on horseback. The trail crosses parts of these public lands: Easement An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It

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