Missouri legislation · 2026 Regular Session
Missouri HB3358: Establishes provisions relating to the sale of property with a prescriptive easement for public use
Status: In committee, May 15, 2026
What the bill says
To amend chapter 442, RSMo, by adding thereto one new section relating to the sale of property with a prescriptive easement for public use. Section A. Chapter 442, RSMo, is amended by adding thereto one new section, to be known as section 442.021, to read as follows: 442.021. 1. As used in this section, "person" means any individual, corporation, association, partnership, or other entity. 2. Notwithstanding any provision of law, if an individual sells his or her property to a person and there is a prescriptive easement for public use on the property being sold, such easement shall not automati.
From the introduced text:
To amend chapter 442, RSMo, by adding thereto one new section relating to the sale of property with a prescriptive easement for public use. Section A. Chapter 442, RSMo, is amended by adding thereto one new section, to be known as section 442.021, to read as follows: 442.021. 1. As used in this section, "person" means any individual, corporation, association, partnership, or other entity. 2. Notwithstanding any provision of law, if an individual sells his or her property to a person and there is a prescriptive easement for public use on the property being sold, such easement shall not automatically transfer with the property binding the person purchasing the property. However, a prescriptive easement for public use may be reestablished on the property purchased as provided under subsection 3 of this section. 3. A prescriptive easement for public use may be reestablished for property purchased as provided under subsection 2 of this section if it can be demonstrated that public use of the property was continuous, uninterrupted, visible, and adverse for a period of ten years. 4. The ten-year period for reestablishment shall restart with each person who purchases the property, and the person may prevent the reestablishment through oral statements or through signage. ✔ EXPLANATION -- Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted …