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

Transfer in Fraud of Marital Rights, Disability/Minors

To prevail on a transfer in fraud of marital rights claim, a plaintiff/surviving spouse needs to show that the deceased spouse “gave away his [or her] property without consideration with the intent and purpose of defeating…marital rights.” Nelson v. Nelson, 512 S.W.2d 455, 459 (Mo. Ct. App. 1974). Section 474.150.2, RSMo states that there is […]

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Escrow Agreements, Breach of Escrow

Escrow is a term generally used in the context of real estate transactions. A conditional delivery, or delivery in “escrow,” means that delivery is conditioned upon the performance of some act or the occurrence of some event. Hammack v. Coffelt Land Title Inc., 348 S.W.3d 75, 81 (Mo. Ct. App. 2011). It is the same […]

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Riparian Rights

Riparian rights refers to a landowner’s rights to water on or adjacent to his or her property. When one is a riparian owner, one has certain rights, including the right to swim, boat and fish in and on the waters, to take water for domestic use only, to skate and ride on ice, and to […]

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Statute of Limitations for Quiet Title Claims

A quiet title claim is a request to the Court to determine all interests in a parcel of real estate. It is often used to clear title and ownership disputes. Though it is not frequently an issue, there is a limitations period to bring such a claim. Specifically, there is a ten (10) year statute […]

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Nuisance: Real Property/Estate Interference

An owner of real estate may maintain a lawsuit for nuisance if there is an unreasonable, unusual, or unnatural use of one’s property so that it substantially impairs the right of another to peacefully enjoy his or her property. Frank v. Envtl. Sanitation Msgmt, Inc., 687 S.W.2d 876, 880 (Mo. 1985). A nuisance claim is […]

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Bona Fide Purchasers, Ownership-Title Disputes

Property ownership disputes can be complex, particularly in the context of real estate. It is not uncommon for there to be an improper or defective conveyance of real estate that goes unnoticed, and then there are several subsequent transfers of the same property between different people. For this reason, it is important to record all […]

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Partition Sales of Real Estate in Missouri

When real estate is owned by more than one person or entity, it is possible to file a partition lawsuit to force the sale or division of the real estate. While it is possible for a court to decide to partition real estate into separate parcels and give them to the owners in proportion 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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Oral/Parol Gifts of Real Estate, Land

To convey title to land/real estate in Missouri, you typically need to execute a formal deed transferring title. There are various court-created exceptions to this, including the legal claim that land may be conveyed by an oral gift.  Relatively speaking, there are not many cases in Missouri outlining all of the different factual circumstances in which […]

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Boundary by Acquiescence vs. Adverse Possession

Adverse possession and boundary by acquiescence are similar but distinct legal claims in Missouri. Adverse possession is a claim which permits a person to obtain title to real estate if they have used and treated it as his or her own for a significant period of time. To succeed on  a claim of adverse possession, a […]

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