License, Easement in Gross, and Easement Appurtenant Distinguished

A recent case in Missouri discussed various easements and how they can be different.  Missouri law presumes that an easement is appurtenant, meaning that it constitutes an estate, rather than in gross as a personal right.  Here, because the contract at issue granted an easement to “heirs and assigns [,]” it created a personal and assignable right.  That right was not freely revocable, so it was more than a mere license, and constituted an easement in gross.  As an aside, the Court confirmed the presumption in Missouri law that an easement is perpetual and does not expire by lack of use.  Tenampa, Inc. vs. William T. Bernard, et al., WD83226