Legal Articles

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…

Declaratory Judgments: Determining Contracts, Real Estate, Written Documents

Generally a court’s jurisdiction is limited to an ongoing case and controversy. However, in Missouri, an individual may petition the court for a declaratory judgment to determine certain rights, status, or other legal standing. In order for a Missouri Court to even entertain a declaratory judgment, it must be presented with: (1) a justiciable controversy that…

Real Estate Ejectment, Disputes

Real estate disputes come in different forms: breach of contract claims arising out of real estate sales (both commercial and sale), ownership disputes, deed problems, adverse possession, private/public nuisance, etc. One of the more fundamental disputes that can arise is when another person takes possession of even a small parcel of real property you own….

Deeds of Trust

There are three basic documents in a sale of land: the contract for sale, the deed, and (if needed) a mortgage. A mortgage is a debt instrument which “secures” a debt; in Missouri, the mortgage is almost always in the from of a deed of trust. Essentially, the deed of trust is a type of…

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