My question involves an easement in the state of: Missouri
Homeowners Association maintains a private roadway via assessments. There are 37 properties (roughly 3 acre each) that share the roadway from the subdivision and 3 properties that are not part of the subdivision but have easements to use the road to gain access to their property.
Because of the cost associated with maintaining the roadway the homeowners association has petitioned the county for establishing a NID (Neighborhood Improvement District). The county will pave the road and maintain it and the property owners will bear the cost via an assessment.
The 3 properties that are not part of the subdivision was at 1 time a 32.35acre tract that the original owner had their primary residence on and enter and exited via a paved driveway to the private road constructed for the subdivision. The original owner of this 32.35 acres was also the owner of the property that the subdivision sits on but sold off to a developer. This developer granted a single easement to the property (32.35 acres) onto the new private roadway. The owner of that property has since subdivided the property and sold their primary residence with 3.77 acres of the original 32.35 acres. A new easement to the remaining land was established in between two of the subdivision parcels (even though this property had direct access without having to go through the two parcels)and the owner put up a pole barn and brought in a Mobile home as a residence on this property. This easement caused many problems with the homeowners of the two parcels due to late night teenage excursions. One of the homeowners of these two parcels approached the owner of the remaining 28.58 acres and purchased 4.01 acres adjoining their land. This 4 acre now uses the established easement for access since the new owner has not combined his original 3 lot (subdivision plot) and the new 4 acres.
The remaining 24.57 now has an easement onto the private roadway anywhere along his property that touches the roadway (approximately 600 ft. of road frontage)and the owner established a driveway off the road back to the primary residence Mobil home. The owner has since moved out of the mobile home and has sold off the 24.57 acres that had remained to a new owner who uses the property not as a residence but as a playground for four wheeling and recreation.
When petitioning for the NID the boundaries were defined as any property with frontage and uses of the roadway be included in the NID. The 24.57 acres is contesting being part of the NID saying they are not part of the subdivision and only have an easement to their property. They do not reside there and will receive no benefit from the new county roadways. Since the property with the 3.77 is used as a residence and will benefit from the county maintain roadway they are included. The 4.01 piece of property purchased will also benefit from the new roadway since it is essentially part of the owners other parcel in the subdivision.
After all this history my question is can this piece a property be legally excluded from this NID because of a easement?