When property is owned jointly in a tenancy in common, an owner’s heirs receive the owner’s interest in the property when the owner dies. In contrast, when property is owned jointly as a joint tenancy with right of survivorship, the other owners in the joint tenancy proportionally receive the owner’s interest in the property when…
Legal Articles
Damages to Real Property, Measure of Damages, Fair Market Value
In cases dealing with damages to real property (e.g., nuisance, trespass, inverse condemnation, etc.), the measure of damages is generally the difference in the (1) fair market value of the property before and after the injury or the (2) cost of restoring the property, whichever is the lesser amount. Farmer’s Mut. Fire Ins. Co. v….
Regulatory Taking, Eminent Domain, Real Property
Both the Missouri and US Constitutions prohibit the “taking” of private property without just compensation. A “taking” can occur in a variety of situations. It is not just when a government seizes possession of property. A “regulatory taking” occurs when a government regulation goes too far. Clay County ex rel. County Com’n v. Harley and…
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…
Abandonment: Real & Personal Property
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…
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…