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Monthly Archives: April 2017

Deed Delivery, Recording

Deeds are the legal documents used to convey ownership and title to land. “Delivery” of the deed gives the instrument force and effect. Rhodes v. Hunt, 913 S.W.2d 894 900 (Mo. Ct. App. 1995). “Delivery signifies that all dominion and control over the deed is passed from the grantor (i.e., the person conveying the property) to […]

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Real Estate Easements, Merger Doctrine

An easement does not carry any title to the land over which it is exericised; rather, it is a right to use land for particular purposes. Blackburn Habitat Dev. Co., 57 S.W.3d 378, 389 (Mo. Ct. App. 2001). For express easement created by a formal agreement or grant, any words clearly showing the intention of the […]

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Quantum Meruit versus Unjust Enrichment

Although the two are often confused and melded together, quantum meruit and unjust enrichment are distinct legal theories which can form the basis for a lawsuit. In practice, they are often pleaded and argued together; however, they have different measures of damages.  Quantum meruit requires that the plaintiff prove: (1) he provided the defendant with […]

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Venue Transfer

In Missouri, “venue” refers to the county in which a suit is filed or should be filed. There are certain rules dictating where certain types of cases should be filed. There are separate rules stating when cases may be transferred to another venue/county.  Under Rule 51.03, for instance, a party can be granted a change […]

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Election of Remedies, Inconsistent Theories of Recovery

Some matters in the law only really lawyers care to think about. Examples of this are the rules of (1) election of remedies and (2) election of inconsistent theories of recovery.  The election of remedies doctrine is where a party has the right to pursue one of two inconsistent remedies and makes an election, institutes suit, and […]

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Maintenance / Alimony Modification

Spousal maintenance or alimony awards are often modifiable. What this means is that if there is a change in circumstances (e.g., income) bewteen the parties after the maintenance is originally entered, then a subsequent motion to modify maintenance can be filed to appropriately change the amount, duration and/or frequency of the maintenance.  Under Section 452.370.1, […]

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