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. […]

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Abandonment: Real & Personal Property

In suits involving real or personal property — e.g., conversion, replevin, quiet title, etc. — abandonment is sometimes utilzied as an affirmative defense against the person invoking property rights. In other words, a defendant will use it to say that a plaintiff cannot make a claim relating to the property because the plaintiff previously abandoned […]

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Oral Gifts of Real Estate

In general, one obtains title and ownership of real property by deed in Missouri (e.g., quitclaim deed, general warranty deed, beneficiary deed, special warranty deed, trustee deed, etc.). There are situations, however, when one can obtain title to real property without a traditional deed . Adverse possession is a prominent example of this. Another less […]

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Correction Deeds

To err is human. Often time mistakes occur in the drafting and execution of real estate deeds. When there is a mistake in the language of a deed, what can be done to fix it? Does a clerical/scrivener’s error invalidate the deed? Generally, either a correction deed or court petition for reformation is appropriate. A […]

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Legal/Equitable Title: Real Estate Quiet Title

In order to file a quiet title suit to determine the interests attached to a given piece of real estate, one first must  have standing to do so. The pertinent statute states in relevant part that Any person claiming any title, estate or interest in real property, whether the same be legal or equitable, certain or […]

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Necessary Parties in Quiet Title, Property Title Defect Suits

The right to quiet title in Missouri is statutory. Specifically, Section 527.150 allows any person claiming any “title, estate or interest in real property” to initiate a suit in the local county courthouse to have the Court determine all rights, claims, interest, liens and demands relating to the property. Because title defects can arise in a given […]

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Clearing Real Estate Title Defects in Missouri

More than any other type of property, real estate is subject to creditor liens. Over the course of time, as title to a given piece of land moves from one person to another person, the owner changes, and thus so too do the amount of potential claims which may be levied against the land. Common […]

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Real Estate & Property Disputes

Real estate disputes can be extremely aggravating and quite costly. One of the more common problems which arise from a real estate transaction — in both commercial and residential sales — is a failure to disclose material defects of the property by the seller. As I detailed previously (See: Real Estate Contracts: Seller’s Disclosure Statement), […]

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Quiet Title: Real Estate Disputes

A Quiet Title action is a lawsuit which is designed to establish a party’s legal rights to real property. These claims generally occur when there is a dispute between one or more persons about who owns a given piece of real estate. For instance, there could be a problem with the recording of a real […]

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