101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Real Estate Litigation & Disputes

One of the most common types of real estate disputes (if not the most common) are disputes centered on competing claims of partial or complete ownership of real estate. These problems can arise from a myriad of circumstances, like problems with un-recorded deeds, titling errors, uncertain beneficiaries, challenges to the validity of a deed, etc. To solve situations in which there is a dispute as to ownership, a quiet title suit is often utilized to obtain a determination from a court as to all individuals and entities that have an interest in real estate to put any disputes to rest.

In a quiet title action, the burden is upon each party to prove title better than his/her adversary; the claimant must rely upon the strength of his/her title, not the weakness of the opponent. Shuffit v. Wade, 13 S.W.3d 329, 332-33 (Mo. Ct. App. 2000). To prevail, the claimant need only establish a superior claim of title against the opponent — not necessarily an indefeasible title against the whole world. Moss v. Moss, 706 S.W.2d 884, 887 (Mo. Ct. App. 1986).

Contact with questions about real estate litigation and disputes.