In quiet title lawsuits, Missouri requires that the judgment describe the affected real estate with reasonable certainty. Patterson v. Harrison, 46 S.W.3d 580, 581 (Mo. Ct. App. 2001). Every party to a quiet title suit has a right to have their respective titles affirmatively adjudged and declared. Turkey Mountain Airport, Inc. v. Estate of Faler,…
Legal Articles
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…
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…
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…
Quitclaim, General Warranty Deeds
A deed is the document used to convey an interest in real estate. Generally, a deed takes effect and is effective to transfer title of property at the time of its delivery from grantor (i.e., seller) to grantee (i.e., buyer), not at the time of its execution or recordation. Delivery gives the deed force and effect and signifies that…
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…