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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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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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Real Estate Deed Interpretation

A deed is a legal document which conveys an interest in real estate. The essential elements of a deed are (1) names of the parties, (2) words of grant, (3) description of the real estate, (4) execution and delivery by the grantor (the person conveying the interest in the real estate) and (5) acceptance by […]

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Partition — Real Estate

“Partition” is a legal term in which a Court can order that real estate with multiple owners be divided/partitioned. In Missouri, there are two methods of partition. Vickers v. Vickers, 762 S.W.2d 482, 483 (Mo. Ct. App. 1988). A court may (1) partition in kind or may (2) order a sale and division of the […]

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Real Estate Slander of Title

Slander is generally associated with harm to an individual’s reputation in the community. It can also exist in the context of real estate. The essential elements required to recover on an action for slander of title are that (1) the plaintiff has an interest in the real property, (2) that the words published were false, […]

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