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…
Legal Articles
Spousal Abandonment, Probate Inheritance
Sometimes very unexpected developments can occur in probate litigation. This is largely because there are very unique probate laws in Missouri. For example, a spouse who “abandons” a deceased spouse waives any inheritance interest he or she may have in the deceased spouse’s estate. Specifically, Section 474.140, RSMo provides that: If any married person…
Easement Creation and Abandonment
Easements grant a right to use another’s real property. An easement can be appurtenant or in gross. An easement appurtenant attaches to and passes with the conveyance of land even though it may not be specifically mentioned in a conveyance/deed. Stroup v. Johnson, 539 S.W.2d 711, 713 (Mo. Ct. App. 1976). An easement in gross, on…