St Louis, MO asked in Land Use & Zoning, Real Estate Law and Civil Rights for Missouri

Q: Must a land owner provide a vehicular ingress and egress tqo a piece of landlocked property ?

Does Missouri law not state that if your property is landlocked and you have no means of gaining access that you have the right to a vehicular ingress and egress ? Even in a private subdivision . The board of trustees has told me I am banned from driving in on their roads to get to my property which is 3.5 miles , they tell me I can walk , even though I paid my assessments for the year which are for access to all he coming ground areas , they refuse to even prorate my assessments for the time left of the fiscal year. As well they came into my property accusing me of something I did not do , so I told them to get the F off my property then I received a fine of $400 , for verbally abusing the staff , that came onto my property ! And prior they banned .e from all common ground use because a truck that sits on my property but does not belong to me was being driven by someone else not me , yet they banned me cause the plates were expired, i was not driving, not my truck.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: In Missouri, as in many other places, if your property is landlocked, you may indeed have the right to vehicular ingress and egress. This is generally intended to ensure that every property owner has access to their land. The specifics can vary based on local laws and the exact circumstances of the property, but typically, a legal pathway, known as an easement, can be established for this purpose.

However, the situation within a private subdivision can be complex due to the governance of the homeowners' association or the board of trustees. While you have rights as a property owner, subdivisions may have agreements or covenants that also need to be considered. If you have been paying assessments, it suggests there is a contractual relationship in place, which might include the right to access common areas and roads.

It's recommended to review the terms of your property deed and any agreements with the subdivision. If there are disputes or unclear terms regarding access to your property, you might consider seeking advice from a legal professional experienced in real estate law. They can provide guidance specific to your situation, review the legal documents involved, and help address the issue with the board of trustees or through legal channels if necessary.

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