Missouri Statute | Act | Code |Ownership And Conveyance Of Property| US Code - US Statute | Chapter 442 Titles And Conveyance Of Real Estate

When used in this chapter unless otherwise apparent from the
context:

(1) The term "adult" shall be construed as meaning any person who is
eighteen years of age or older;

(2) The term "minor" shall be construed as meaning any person who is less
than eighteen years of age;

(3) The term "real estate" shall be construed as coextensive in meaning
with lands, tenements and hereditaments, and as embracing all chattels
real. (RSMo 1939 § 3439, A.L. 1974 2d Ex. Sess. S.B. 2)

Prior revisions: 1929 § 3052; 1919 § 2211; 1909 § 2822

Effective 1-7-75

1. The right to utilize solar energy is a property right but
eminent domain may not be used to obtain such property right.

2. Any easements obtained for the purpose of construction,
reconstruction, remodeling or acquisition of a solar energy device shall
only be created in writing and shall be subject to the same conveyancing
and instrument recording requirements as other easements. Any instrument
creating a solar easement shall include, but not be limited to: The
vertical and horizontal angles, expressed in degrees, at which the solar
easement extends over the real property subject to the solar easement and
any terms or conditions or both under which the solar easement is granted
or will be terminated. Easements for solar light shall be considered a
negative easement and cannot be acquired by prescription but must be
negotiated expressly. (L. 1979 H.B. 71 § 1)

Conveyances of lands, or of any estate or interest therein, may
be made by deed executed by any person having authority to convey the
same, or by his agent or attorney, and acknowledged and recorded as
herein directed, without any other act or ceremony whatever. (RSMo 1939 §
3401)

Prior revisions: 1929 § 3014; 1919 § 2174; 1909 § 2787

CROSS REFERENCE: Statute of frauds--conveyances to be in writing, RSMo
432.010

(1953) Conveyance of lots by reference to recorded plat on which tract
was designated as private street, creates perpetual easement in such
tract for street purposes in purchasers of lots abutting thereon and
their successors. Larkin v. Kieselmann (Mo.), 259 S.W.2d 785.

(1953) Because of statutory provisions for transfer of land by deed and
the recording thereof, the reservation by grantor in a deed of the power
to sell, rent, lease or otherwise dispose of land during his lifetime,
while including the power to revoke the deed, is not invalid nor is such
a deed a testamentary disposition of land. St. Louis County Nat. Bank v.
Fielder, 364 Mo. 207, 260 S.W.2d 483.

(1967) A contingent remainder is an "interest" in land within the meaning
of this section. McNeal v. Bonnel (Mo.), 412 S.W.2d 167.

1. Any person or persons owning real estate, or any interest
therein, which he or they have power to convey, may effectively convey
such real estate by a conveyance naming himself or themselves and another
person or persons, or one or more of themselves and another person or
persons, as grantees, and the conveyance has the same effect as to
whether it creates a joint tenancy, or tenancy by the entireties, or
tenancy in common, or tenancy in partnership, as if it were a conveyance
from a stranger who owned the real estate to the persons named as
grantees in the conveyance.

2. Any two or more persons owning real estate, or any interest therein,
which they have power to convey, may effectively convey such real estate
by a conveyance naming one, or more than one, or all such persons as
grantees, and the conveyance has the same effect, as to whether it
creates a separate ownership, or a joint tenancy, or tenancy by the
entireties, or tenancy in common, or tenancy in partnership, as if it
were a conveyance from a stranger who owned the real estate, to the
persons named as grantees in the conveyance.

3. Any "person" mentioned in this section may be a married person, and
any "persons" so mentioned may be persons married to each other. (L. 1953
p. 615 § 442.024)

CROSS REFERENCE: Homestead, conveyance requirements, RSMo 513.475

(1954) Tenants in common in trust estate, consisting of personal
property, having power to alter or amend trust agreement, could make such
changes as were necessary to change their ownership to joint tenancy with
right of survivorship. Creek v. Union National Bank (Mo.), 266 S.W.2d 737.

(1960) Conveyance to two persons with habendum clause reciting that
grantees are to hold "as joint tenants, and not as tenants in common,
with right of survivorship, and to their heirs and assigns forever"
created joint tenancy and the right of survivorship was defeated by a
subsequent conveyance by one of joint tenants. McClendon v. Johnson
(Mo.), 337 S.W.2d 77.

(1961) A deed executed in 1943 by owner of land to his wife conveying an
interest in real estate and reciting that under the deed the first party
was reserving unto himself a co-tenancy by the entirety with the party of
the second part in and to said premises, the intention being to vest fee
simple title in the premises in the grantor and grantee, husband and
wife, by the entirety with the right of survivorship held to create an
estate by the entirety. Kluck v. Metsger (Mo.), 349 S.W.2d 919.

A husband and wife may convey the real estate of the husband or
wife by their joint deed acknowledged and certified as herein provided.
Where the property conveyed is owned by the husband and wife as an estate
by the entirety, then both shall be bound by the covenants therein
expressed or implied. (RSMo 1939 § 3402, A.L. 2001 H.B. 537)

Prior revisions: 1929 § 3015; 1919 § 2175; 1909 § 2788

CROSS REFERENCES: Conveyance by joint deed of husband or wife and
guardian of spouse, when authorized, RSMo 451.300 Conveyance subsequent
to 1900 and prior to 1933 in which spouse failed to join, action to
remove interest barred, when, RSMo 516.065 Homestead, how conveyed, RSMo
513.475

(1956) Where acknowledgment on deed of husband and wife conveying a
perpetual easement for right-of-way was fraudulent, the deed was
sufficient to convey the easement but insufficient to release inchoate
dower. McCoy v. N.W. Electric Power Co-op. (Mo.), 297 S.W.2d 390.

1. If any property, real or personal, including homestead
property, is held by a husband and wife as tenants by the entirety,
whether such entireties estate was created before or is created after
July 1, 1997, and if one spouse is an adult and competent and the other
spouse is under the age of eighteen or disabled as defined in chapter
475, RSMo, or if both spouses are under the age of eighteen or disabled,
or if one spouse is under the age of eighteen and the other is disabled,
the conservator of any such spouse, subject to the provisions of
subsections 2 and 3 shall have full power to act for such conservator's
protectee and to do all things with respect to the property that the
protectee could do if such protectee were an adult and competent; and
without limiting the generality of the foregoing, the conservator acting
with the other spouse or the other conservator may sell, convey,
exchange, mortgage or pledge to secure loans of cash or purchase money,
lease, invest, reinvest, partition the property or its proceeds in equal
shares, convert the property or its proceeds into a tenancy in common in
equal shares, or otherwise dispose of the property.

2. The power confirmed in a conservator by this section shall at all
times be subject to the approval, control, and supervision of the probate
division of the circuit court having venue of the conservatorship. Either
the conservator or the adult and competent spouse may petition or apply
to the appropriate court for approval of an agreed proposed disposition
of property held by entireties. In the event the court finds that the
proposed disposition is fair and equitable to the protectee taking into
consideration all of the circumstances of the case including the proper
interests of the other spouse, the court shall make appropriate
authorization of disposition and such orders as are necessary and proper
in the case. Insofar as is practicable, procedure in the probate division
of the circuit court shall be in accord with the procedure provided in
chapter 475, RSMo, for a similar type of disposition of property. The
court in its discretion may tax the costs against both parties in equal
or unequal shares, or solely against one party, or solely against the
other party.

3. If one of the spouses who hold by entireties is the conservator of the
other spouse, such conservator shall not represent such conservator's
protectee in any negotiations for agreement respecting disposition of the
entireties property or in any proceedings for approval of an agreed
proposed disposition of such property, but in all such matters the
protectee shall be represented by a guardian ad litem. In such cases, on
petition or application by the adult and competent spouse, acting
individually or as conservator, for disposition of the entireties
property, the court shall appoint a guardian ad litem to represent the
protectee in the matter of a proposed disposition of the property, and
the guardian ad litem shall represent the protectee in any negotiations
for agreement with the adult and competent spouse and in any proceedings
for approval of the agreed proposed disposition of the property. In the
event the agreed proposed disposition is approved by the court, the
guardian ad litem shall be discharged and the conservator shall resume
such conservator's full conservatorship and shall do all things necessary
to carry into effect the disposition of the property as approved pursuant
to authorization and orders by the court. In the event no agreement is
reached after a reasonable time with reference to disposition of the
property, the guardian ad litem shall be discharged.

4. This section has no application to the conveyance, encumbrance or sale
of property by a person under the age of eighteen who holds such property
as a tenant by the entirety and who is authorized by law to make such
conveyance, encumbrance or sale in person. (L. 1959 H.B. 225 § 1, A.L.
1974 2d Ex. Sess. S.B. 2, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45,
A.L. 1996 S.B. 869)

Effective 7-1-97

When any person under eighteen years of age is married to an
adult who has or claims any interest in real estate and wishes to convey,
encumber, lease or otherwise dispose or affect the same, the minor shall
be deemed of age for the purpose of joining with his adult spouse in the
execution of any instrument affecting the spouse's real estate. (RSMo
1939 § 374, A. 1949 S.B. 1124, A.L. 1959 S.B. 140, A.L. 1974 2d Ex. Sess.
S.B. 2)

Effective 1-7-75

A married woman may convey her real estate or relinquish her
dower in the real estate or relinquish her dower in the real estate of
her husband, by a power of attorney authorizing its conveyance, executed
and acknowledged by her jointly with her husband, as deeds conveying such
real estate by them are required to be executed and acknowledged. (RSMo
1939 § 3403)

Prior revisions: 1929 § 3016; 1919 § 2176; 1909 § 2789

Any corporation, private or public, or otherwise organized,
authorized to hold real estate, may convey the same by deed, sealed with
the common seal of such corporation, and signed by the president or
presiding member or trustee thereof; or any other officer, who by virtue
of holding any designated office, the incumbent of which is authorized to
perform such duties on behalf of the corporation, by resolution of its
governing board, which resolution may contain a general authority to
convey or may be limited to a specific case or to any class of cases; and
such deed, when acknowledged or proved, as other deeds of real estate are
by law required to be acknowledged or proved, shall be recorded in the
proper office and have like effect as other deeds; provided, however,
that nothing in this section contained shall be construed to grant any
power not heretofore granted to any municipal corporation or to any
county or to any political subdivision of this state. (RSMo 1939 § 3404)

Prior revisions: 1929 § 3017; 1919 § 2177; 1909 § 2790

CROSS REFERENCES: Banks and trust companies, power to take and hold real
estate, RSMo 362.165 Ultra vires conveyance by corporation, effect, RSMo
351.395

Any person claiming title to real estate may, notwithstanding
there may be an adverse possession thereof, sell and convey his interest
therein, in the same manner and with like effect as if he was in the
actual possession thereof. (RSMo 1939 § 3405)

Prior revisions: 1929 § 3018; 1919 § 2178; 1909 § 2791

All deeds, mortgages, deeds of trust and other instruments
affecting title to real estate hereafter executed by any person under the
age of eighteen shall be binding upon such person under the age of
eighteen unless he shall file a deed or other instrument duly
acknowledged in the office of the recorder of deeds where the land is
situate, disaffirming the same, within two years after the disability of
the minority is removed. (RSMo 1939 § 3446, A. 1949 S.B. 1124, A.L. 1974
2d Ex. Sess. S.B. 2)

Prior revisions: 1929 § 3059; 1919 § 2218

Effective 1-7-75

(1960) Where emancipated minor, after misrepresenting his age, entered
into a contract to mortgage residence property then purchased, and made a
down payment thereon and certain payments on the mortgage, he would not
be permitted to recover the payments made on the mortgage and a judgment
on a counterclaim making him liable under the mortgage and decreeing
foreclosure thereof and directing a general levy to recover the balance
of any deficiency was held good on the ground that such expenses were for
necessaries. Merrick v. Stephens (A.), 337 S.W.2d 713.

1. For the purposes of taking advantage of the Servicemen's
Readjustment Act of 1944, as amended, any person who is a resident of
Missouri and who served honorably in the active military or naval service
of the United States may execute a deed of trust, mortgage, or other
instrument, affecting the title to or disposition of real or personal
property, or a power of attorney, the validity of which is governed by
the law of this state.

2. For the purpose of taking advantage of such federal act, as amended,
such person may also contract, or borrow money, for the purchase or
construction of homes, farms and business property whether the money is
to be used in purchasing residential property or in constructing a
dwelling on unimproved property owned by the veteran to be occupied as
his or her home.

3. For the purposes of taking advantage of such federal act, as amended,
such person may also borrow money for the purpose of making repairs,
alterations, or improvements in, or paying delinquent indebtedness,
taxes, or special assessments on residential property owned by the
veteran and used by him or her as his or her home.

4. For the purposes of taking advantage of such federal act, as amended,
such person may also borrow money to purchase any land, buildings,
livestock, equipment, machinery or implements, or in repairing, altering,
or improving any buildings or equipment, to be used in farming
operations, borrow money to purchase any business, land, buildings,
supplies, equipment, machinery, or tools to be used in pursuing a gainful
occupation, other than farming, and to borrow money, enter into a
contract, agreement or other instrument in writing as may be necessary
pursuant to the Servicemen's Readjustment Act of 1944, as amended. (L.
1945 p. 1182 § 1, A.L. 1953 p. 616, A.L. 1999 H.B. 136 merged with S.B.
188)

The provisions of sections 442.090 to 442.120 inclusive shall
apply to any person otherwise eligible for a loan, guaranty, or insurance
on a loan, pursuant to the Act of Congress of the United States entitled
the Servicemen's Readjustment Act of 1944, as amended, and the minor
spouse of any eligible veteran. (L. 1953 p. 616, A.L. 1999 H.B. 136
merged with S.B. 188)

1. The disability of minority of any person not under the age of
eighteen otherwise eligible for guaranty of loan pursuant to the
Servicemen's Readjustment Act of 1944, as amended, and of the spouse of
such person, is hereby removed solely for the purposes of acquiring or
encumbering, or selling and conveying property and the incurring of
indebtedness or obligations incident to either or both, or the
refinancing thereof, and litigating or settling controversies arising
therefrom, if all or part of the obligations incident to such transaction
be guaranteed by the administrator of veterans' affairs pursuant to such
act and an application signed by such minor, or if the property is
covered by a loan so guaranteed; provided, nevertheless, that sections
442.090 to 442.120 shall not be construed to impose any other or greater
rights or liabilities than would exist if such person and such spouse
were each above the age of twenty-one years.

2. Any person who signs any deed of trust, mortgage, contract, agreement,
conveyance or other instrument in writing for the purposes required by
the provisions of the Servicemen's Readjustment Act of 1944, as amended,
if under the age of twenty-one years but not under the age of eighteen
years when such instrument is executed, shall not have the right to
repudiate the written obligation so made upon reaching the age of
twenty-one years for the reason that he or she was under the age of
twenty-one years when signing such instrument.

3. Any instrument executed prior to the effective date of sections
442.100 to 442.120* by a person in obtaining guaranty of a loan pursuant
to the Servicemen's Readjustment Act of 1944, as amended, only who is
under the age of twenty-one years but not under the age of eighteen years
when signing such instrument is hereby validated, ratified and confirmed.
(L. 1945 p. 1182 § 2, A.L. 1999 H.B. 136 merged with S.B. 188)

*Effective date of §§ 442.100 to 442.120 was July 24, 1945.

The record of the discharged veteran in the office of the
recorder of deeds of the county of his or her residence, or other
official evidence, in writing, of such person's discharge, other than
dishonorable, from the military service, as provided for in sections
442.100 to 442.120, shall be deemed and taken as establishing prima facie
evidence of such person's eligibility hereunder. (L. 1945 p. 1182 § 3)

Any person, either natural or corporate, residing or authorized
to do business in the state of Missouri, the investment powers of whom or
which are governed by statute, is hereby empowered and authorized to make
any loan guaranteed as provided by the Servicemen's Readjustment Act of
1944, or for which there is a commitment to so guarantee, or for which a
conditional guarantee has been issued, notwithstanding any other
provision of law to the contrary relating to powers or authority of such
person. (L. 1945 p. 1182 § 4)

All deeds or other conveyances of lands, or of any estate or
interest therein, shall be subscribed by the party granting the same, or
by his lawful agent, and shall be acknowledged or proved and certified in
the manner herein prescribed. (RSMo 1939 § 3406)

Prior revisions: 1929 § 3019; 1919 § 2179; 1909 § 2792

(2002) Section only requires the grantor actually conveying the interest
in real property to subscribe a deed. Beck v. Beck, 90 S.W.3d 509
(Mo.App. E.D.).

1. All deeds, mortgages or other instruments of writing
conveying or affecting real estate, and all proofs and acknowledgments of
the same executed in a foreign country, and in accordance with the laws
of this state, may be made and taken in the language of such country.

2. And the same, accompanied with a sworn translation in English of the
same, by the recorder of land titles in the county where recorded, shall
be entitled to record and be received in evidence in any court in this
state, in like manner as if the same were originally written in the
English language. (RSMo 1939 § 3412)

Prior revisions: 1929 § 3025; 1919 § 2184; 1909 § 2795

The proof or acknowledgment of every conveyance or instrument in
writing affecting real estate in law or equity, including deeds of
married women, shall be taken by some one of the following courts or
officers:

(1) If acknowledged or proved within this state, by some court having a
seal, or some judge, justice or clerk thereof, or a notary public; or

(2) If acknowledged or proved without this state and within the United
States, by any notary public or by any court of the United States, or of
any state or territory, having a seal, or the clerk of any such court or
any commissioner appointed by the governor of this state to take the
acknowledgment of deeds;

(3) If acknowledged or proved without the United States, by any court of
any state, kingdom or empire having a seal or the mayor or chief officer
of any city or town having an official seal or by any minister or
consular officer of the United States or notary public having a seal.
(RSMo 1939 § 3408, A. 1949 S.B. 1124)

Prior revisions: 1929 § 3021; 1919 § 2181; 1909 § 2794

CROSS REFERENCES: Acknowledgment of deed of trust taken before trustee in
said deed deemed valid, when, RSMo 443.030 Commissioners of deeds in
sister states, appointment, oath, powers, RSMo 486.100 to 486.140

1. All officers within or without the state of Missouri now by
the laws of this state authorized to take the proof or acknowledgment of
any conveyance or other instrument in writing affecting real estate,
shall have the power to take the proof or acknowledgment of any
instrument in writing.

2. The certificate of the proof or acknowledgment shall be the same as
now provided by law for the certificate of proof of acknowledgment to
conveyances or other instruments in writing affecting real estate.

3. Any such proof or acknowledgment heretofore taken by any such officer
of any instrument in writing not affecting real estate and which proof or
acknowledgment was taken in conformity with the then existing law
providing for the proof or acknowledgment of conveyances or other
instruments in writing affecting real estate, are hereby validated and
legalized for all purposes from and after the effective date of this
section. It shall not be necessary to rerecord any such instrument. (L.
1951 p. 751 §§ 1, 2, 3)

1. Any commissioned officer, other than a commissioned warrant
officer, of any of the armed forces of the United States, whether or not
on active duty, may take proof or acknowledgment of any instrument in
writing, of any member of any of the armed forces of the United States,
whether or not on active duty, with like effect as if the same were taken
within the state of Missouri by a notary public. If any instrument in
writing so acknowledged by such member of the armed forces of the United
States be of such a nature as to require a joint or separate
acknowledgment of his or her spouse, such officers may take the
acknowledgment of such spouse.

2. Such officer shall certify the act, stating the time and place
thereof, over his signature, setting forth his grade, serial number,
branch of service (army, navy, etc.), and permanent mailing address. If
such officer shall omit from his certificate the place thereof, serial
number, branch of service, and permanent mailing address, or any of them,
it shall be deemed to have been done for reasons of security and shall
not invalidate such certificate. The signature of any such officer,
together with his grade, shall be prima facie evidence of his authority.

3. Any form of acknowledgment complying with the requirements of this
section may be used, and the following form shall be taken to satisfy all
requirements of this section:

With the Armed Forces )

of the United States ) ss

at .................. )

On this ............ day of ............, A.D. 19.., before me, a
commissioned officer of the armed forces of the United States, on active
duty therewith, personally appeared ..............., a member of the
armed forces of the United States, on active duty therewith, (and
................, (his wife, her husband),) to me known to be the person
described in and who executed the foregoing instrument, and acknowledged
that ................ executed the same as ........... free act and deed.
(The said .............. declared ............. to be single and
unmarried.)

IN TESTIMONY WHEREOF, I have hereunto set my hand and grade (serial
number, branch of service, and permanent mailing address).

(Signature) Serial Number

............................................................

(Grade) (Branch of Service: Army, Navy, etc.)

............................................................

(Permanent mailing address)

............................................................

4. All such proof or acknowledgment of any instrument in writing
heretofore made and which was not in conformity with the requirements of
the laws at that time, but are in conformity with the requirements of
this section, are hereby validated and legalized for all purposes from
and after June 12, 1991. It shall not be necessary to rerecord any such
instrument. (RSMo 1939 § 3410, A.L. 1951 p. 749, A.L. 1991 S.B. 358)

Prior revisions: 1929 § 3023; 1919 § 2182

Effective 6-12-91

Every court or officer taking the proof or acknowledgment of any
conveyance or instrument of writing affecting real estate, or the
relinquishment of the dower of a married woman, shall grant a certificate
thereof, and cause the same to be endorsed on such conveyance or
instrument of writing. (RSMo 1939 § 3413)

Prior revisions: 1929 § 3026; 1919 § 2185; 1909 § 2796

Such certificate shall be

(1) When granted by a court, under the seal of the court;

(2) When granted by the clerk of the court, under the hand of the clerk
and seal of the court of which he is clerk;

(3) When granted by an officer who has a seal of office, under the hand
and official seal of such officer;

(4) When granted by an officer who has no seal of office, under the hand
of such officer. (RSMo 1939 § 3414)

Prior revisions: 1929 § 3027; 1919 § 2186; 1909 § 2797

No acknowledgment of any instrument in writing conveying real
estate, or whereby any real estate may be affected, shall be taken,
unless the persons offering to make such acknowledgment shall be
personally known to at least one judge of the court, or to the officer
taking the same, to be the person whose name is subscribed to such
instrument as a party thereto, or shall be proved to be such by at least
two credible witnesses. (RSMo 1939 § 3415)

Prior revisions: 1929 § 3028; 1919 § 2187; 1909 § 2798

1. The certificate of acknowledgment shall state the act of
acknowledgment, and that the person making the same was personally known
to at least one judge of the court, or to the officer granting the
certificate, to be the person whose name is subscribed to the instrument
as a party thereto, or was proved to be such by at least two witnesses,
whose names and places of residence shall be inserted in the certificate;
and the following forms of acknowledgment may be used in the case of
conveyances or other written instruments affecting real estate; and any
acknowledgment so taken and certificate shall be sufficient to satisfy
all requirements of law relating to the execution or recording of such
instruments (begin in all cases by a caption, specifying the state and
place where the acknowledgment is taken):

(1) In case of natural persons acting in their own right

On this ... day of ..., 19.., before me personally appeared A B (or A B
and C D), to me known to be the person (or persons) described in and who
executed the foregoing instrument, and acknowledged that he (or they)
executed the same as his (or their) free act and deed.

(2) In the case of natural persons acting by attorney

On this ... day of ..., 19.., before me personally appeared A B, to me
known to be the person who executed the foregoing instrument in behalf of
C D, and acknowledged that he executed the same as the free act and deed
of C D.

(3) In the case of corporations or joint stock associations

On this ... day of ..., 19.., before me appeared A B, to me personally
known, who, being by me duly sworn (or affirmed) did say that he is the
president (or other officer or agent of the corporation or association),
of (describing the corporation or association), and that the seal affixed
to foregoing instrument is the corporate seal of said corporation (or
association), and that said instrument was signed and sealed in behalf of
said corporation (or association) by authority of its board of directors
(or trustees), and said A B acknowledged said instrument to be the free
act and deed of said corporation (or association).

2. In case the corporation or association has no corporate seal, omit the
words "the seal affixed to said instrument is the corporate seal of said
corporation (or association), and that", and add at the end of the
affidavit clause the words "and that said corporation (or association)
has no corporate seal".

3. (In all cases add signature and title of the officer taking the
acknowledgment.)

4. When a married woman unites with her husband in the execution of any
such instrument, and acknowledges the same in one of the forms above
sanctioned, she shall be described in the acknowledgment as his wife, but
in all other respects her acknowledgment shall be taken and certified as
if she were sole; and no separate examination of a married woman in
respect to the execution of any release or dower, or other instrument
affecting real estate, shall be required. (RSMo 1939 § 3416)

Prior revisions: 1929 § 3029; 1919 § 2188; 1909 § 2799

Every instrument of writing executed out of this state, and
within the United States, which conveys or affects military bounty lands
in this state, and which is acknowledged or proved according to the laws
and usages of the place where executed, shall be received and recorded in
the county where such lands lie. (RSMo 1939 § 3441)

Prior revisions: 1929 § 3054; 1919 § 2213; 1909 § 2824

Every such instrument thus acknowledged or proved shall be as
effectual and valid as if such acknowledgment or proof had been made in
accordance with the laws of this state. (RSMo 1939 § 3442)

Prior revisions: 1929 § 3055; 1919 § 2214; 1909 § 2825

Every such instrument which has been filed for record or
recorded in the proper office, although such filing or recording may not
have been in accordance with any law in force, shall hereafter impart the
same notice as if the same had been filed or recorded in accordance with
law; and all such deeds hereafter filed or recorded shall, from the time
of filing or recording the same, impart the same notice as if the same
had been acknowledged or proved and filed or recorded in accordance with
the laws regulating the acknowledgment or proof of such instruments
executed within this state. (RSMo 1939 § 3443)

Prior revisions: 1929 § 3056; 1919 § 2215; 1909 § 2826

Copies of such instruments or of the record of the same, duly
certified by the recorder of the county in which the same may have been
recorded, shall, upon proof of the loss or destruction of the original
instrument, be read in evidence, with like effect and on the same
conditions as the original instrument. (RSMo 1939 § 3444)

Prior revisions: 1929 § 3057; 1919 § 2216; 1909 § 2827

The proof of the execution of any instrument in writing,
conveying real estate, or whereby any real estate may be affected in law
or equity, shall be:

(1) By the testimony of a subscribing witness; or

(2) When all the subscribing witnesses are dead or cannot be had, by
evidence of the handwriting of the party, and of at least one subscribing
witness, given by at least two credible witnesses to each signature.
(RSMo 1939 § 3417)

Prior revisions: 1929 § 3030; 1919 § 2189; 1909 § 2800

No proof by a subscribing witness shall be taken, unless such
witness shall be personally known to at least one judge of the court, or
to the officer taking the proof, to be the person whose name is
subscribed to the instrument as a witness thereto or shall be proved to
be such by at least two credible witnesses. (RSMo 1939 § 3418)

Prior revisions: 1929 § 3031; 1919 § 2190; 1909 § 2801

No certificate of such proof shall be granted, unless such
subscribing witness shall prove that the person whose name is subscribed
thereto as a party is the person who executed the same; that such person
executed the instrument, and that such witness subscribed his name as a
witness thereof. (RSMo 1939 § 3419)

Prior revisions: 1929 § 3032; 1919 § 2191; 1909 § 2802

The certificate of such proof shall set forth the following
matters:

(1) The fact that such subscribing witness was personally known to at
least one judge of the court, or to the officer granting the certificate,
to be the person whose name is subscribed to such instrument as a witness
thereto or was proved to be such by at least two witnesses, whose names
and places of residence shall be inserted in the certificate;

(2) The proof given by such witnesses of the execution of such
instrument, and of the facts that the person whose name is subscribed to
such instrument as party thereto is the person who executed the same, and
that such witness subscribed his name to such instrument as a witness
thereof. (RSMo 1939 § 3420)

Prior revisions: 1929 § 3033; 1919 § 2192; 1909 § 2803

No proof, by evidence of the handwriting of the party and of a
subscribing witness, shall be taken, unless the court or officer taking
the same shall be satisfied that all the subscribing witnesses to such
instrument are dead or cannot be had to prove the execution thereof.
(RSMo 1939 § 3421)

Prior revisions: 1929 § 3034; 1919 § 2193; 1909 § 2804

No certificate of any such proof shall be granted, unless at
least two credible witnesses shall state, on oath or affirmation, that
they personally knew the person whose name is subscribed thereto as a
party, well know his signature, stating their means of knowledge, and
believe the name of the person subscribed thereto as a party was
subscribed by such person; nor unless at least two credible witnesses
shall, in like manner, state that they personally knew the person whose
name is subscribed in such instrument as a witness, well knew his
signature, stating their means of knowledge, and believe the name
subscribed thereto as a witness was thereto subscribed by such person.
(RSMo 1939 § 3422)

Prior revisions: 1929 § 3035; 1919 § 2194; 1909 § 2805

The certificate of such proof shall set forth the names of the
witnesses examined, and their places of residence, the fact that such
witnesses were sworn, and the evidence required by section 442.310 to be
by them given. (RSMo 1939 § 3423)

Prior revisions: 1929 § 3036; 1919 § 2195; 1909 § 2806

Upon the application of any grantee in any instrument in writing
required to be recorded or of any person claiming under such grantee,
verified by the oath of the applicant, that any witness to such
instrument residing in the county where such application is made refuses
to appear and testify touching the execution thereof, and that such
instrument cannot be proved without his evidence, any court or officer
authorized to take the acknowledgment or proof of such instrument may
issue a subpoena requiring such witness to appear before such court or
officer and testify touching the execution thereof. (RSMo 1939 § 3424)

Prior revisions: 1929 § 3037; 1919 § 2196; 1909 § 2807

Every person who, being served with such subpoena, shall,
without reasonable cause, refuse or neglect to appear or, appearing,
shall refuse to answer, upon oath, touching the matters aforesaid, shall
forfeit to the party injured one hundred dollars, to be recovered by
civil action, and may also be committed to prison by the officer who
issued such subpoena, there to remain without bail until he shall submit
to answer, upon oath, as aforesaid. (RSMo 1939 § 3425)

Prior revisions: 1929 § 3038; 1919 § 2197; 1909 § 2808

None of the foregoing provisions in relation to the
acknowledgment, proof or recording of instruments in writing, affecting
real estate, shall be construed as extending to last wills and
testaments. (RSMo 1939 § 3440)

Prior revisions: 1929 § 3053; 1919 § 2212; 1909 § 2823

Every letter of attorney or other instrument containing a power
to convey real estate, as agent or attorney for the owner thereof, or to
execute, as agent or attorney for another, any instrument in writing
conveying real estate, or whereby real estate may be affected in law or
equity, shall be acknowledged or proved, and certified and recorded, as
other instruments in writing conveying or affecting real estate are
required to be acknowledged or proved and certified and recorded. (RSMo
1939 § 3433)

Prior revisions: 1929 § 3046; 1919 § 2205; 1909 § 2816

CROSS REFERENCE: Letters of attorney other than for the conveyance of
real estate--how acknowledged and proved--read in evidence, when, RSMo
490.570

No such letter of attorney, or other instrument, certified and
recorded in the manner prescribed in the preceding section, shall be
deemed to be revoked by any act of the party by whom it was executed,
until the instrument containing such revocation shall be deposited for
record in the same office in which the instrument containing the power is
recorded. (RSMo 1939 § 3434)

Prior revisions: 1929 § 3047; 1919 § 2206; 1909 § 2817

Every instrument in writing that conveys any real estate, or
whereby any real estate may be affected, in law or equity, proved or
acknowledged and certified in the manner herein prescribed, shall be
recorded in the office of the recorder of the county in which such real
estate is situated. (RSMo 1939 § 3426)

Prior revisions: 1929 § 3039; 1919 § 2198; 1909 § 2809

CROSS REFERENCES: Deed acknowledged and recorded under former law or
copy, admissible in evidence, when, RSMo 490.290, 490.300, 490.310 Deed
recorded before proof or acknowledgment, admissible in evidence, when,
RSMo 490.320, 490.330 Idem sonans in names in instruments affecting real
estate, rule as to admissibility, RSMo 490.450 Index of recorded
instruments to be kept, RSMo 59.470 Instruments affecting real estate or
copy read in evidence, when, RSMo 490.410, 490.420 Judgment or decree
quieting or passing title to be recorded, RSMo 311.320 Recording of
instruments in class one counties where recorder is required to maintain
offices both at the county seat and another place in the county, RSMo
59.163

(1956) Where lease contained words "Subscribed and sworn to before me"
and date, followed only by signature of individual who was not otherwise
identified, it was not acknowledged and recordation thereof did not
impart notice to subsequent purchaser for value. Hatcher v. Hall (A.),
292 S.W.2d 619.

(2004) Special tax bill and resulting lien authorized by section 88.812
are not subject to recording requirement of section or to "first in time,
first in right" rule of perfecting a security interest. Golden Delta
Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App. E.D.).

Every such instrument in writing, certified and recorded in the
manner herein prescribed, shall, from time of filing the same with the
recorder for record, impart notice to all persons of the contents thereof
and all subsequent purchasers and mortgagees shall be deemed, in law and
equity, to purchase with notice. (RSMo 1939 § 3427)

Prior revisions: 1929 § 3040; 1919 § 2199; 1909 § 2810

CROSS REFERENCE: Instruments recorded, though not properly certified, to
impart notice, when, RSMo 490.340

(1953) While recorded sheriff's deed reciting consideration gives remote
purchasers constructive notice thereof, it is not sufficient in itself to
constitute notice that such consideration is inadequate. Shaeffer v.
Moore (Mo.), 262 S.W.2d 854.

(1959) Facts of which purchaser of property is charged with knowledge
from record of title discussed. Jackson v. Klein (Mo.), 320 S.W.2d 553.

(1964) Although recording of deed does not in itself operate as delivery
of deed, it does create presumption or prima facie case of delivery and
where plaintiff waited almost 12 years after knowledge of recordation and
seven years after death of wife who joined in the deed and was an
important factual witness, to bring suit to set aside deed for lack of
delivery, suit was barred by laches. Rebmann v. Rebmann (Mo.), 384 S.W.2d
663.

(2004) Special tax bill and resulting lien authorized by section 88.812
are not subject to recording requirement of section or to "first in time,
first in right" rule of perfecting a security interest. Golden Delta
Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App. E.D.).

No such instrument in writing shall be valid, except between the
parties thereto, and such as have actual notice thereof, until the same
shall be deposited with the recorder for record. (RSMo 1939 § 3428)

Prior revisions: 1929 § 3041; 1919 § 2200; 1909 § 2811

(1959) Conveyance by man and his first wife, although possibly made to
defraud creditors, could not be questioned by second wife who married him
over a year after the conveyance, even though deed was not recorded until
four years after marriage. Loe v. Downing (Mo.), 325 S.W.2d 479.

(2004) Special tax bill and resulting lien authorized by section 88.812
are not subject to recording requirement of section or to "first in time,
first in right" rule of perfecting a security interest. Golden Delta
Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App. E.D.).

1. Any restrictive covenant recitals on property, real or
personal, found in any deeds, plats, restrictions, covenants, or other
conveyances of any type or nature, filed for record at any time in the
office of the recorder of deeds in any county, which relate to the race,
color, religion, or national origin of any person, shall be void and
unenforceable, and shall be ignored, as if the same never existed.

2. Any person or legal entity with an interest in real property or any
agent of such person or entity, shall not incur any liability by reason
of the mere existence of a restrictive covenant described in subsection 1
of this section in any document filed for record before May 3, 1948, in
any recorder of deeds' office. (L. 1993 H.B. 741)

And in case any person or persons may have any deed or deeds or
other instrument of writing, the record of which is lost or destroyed, it
shall be the duty of the recorder of deeds, upon the request of such
person or persons, to record such deed or deeds or other instrument of
writing, together with all certificates and endorsements thereon, or
thereto attached, and forming a part thereof; provided, such recorder
shall receive the same fees for recording such deed, decree or other
instrument of writing as is now provided by law. (RSMo 1939 § 1695)

Prior revisions: 1929 § 1531; 1919 § 1981; 1909 § 2545

The words "grant, bargain and sell", in all conveyances in which
any estate of inheritance in fee simple is limited, shall, unless
restrained by expressed terms contained in such conveyances, be construed
to be the following expressed covenants on the part of the grantor, for
himself and his heirs to the grantee, his heirs and assigns:

(1) That the grantor was, at the time of the execution of such
conveyance, seized of an indefeasible estate, in fee simple, in the real
estate thereby granted;

(2) That such real estate was, at the time of the execution of such
conveyance, free from encumbrances done or suffered by the grantor or any
person under whom he claims;

(3) For further assurances of such real estate to be made by the grantor
and his heirs to the grantee and his heirs and assigns; and may be sued
upon in the same manner as if such covenants were expressly inserted in
the conveyance. (RSMo 1939 § 3407)

Prior revisions: 1929 § 3020; 1919 § 2180; 1909 § 2793

(1977) Purchaser at foreclosure sale not entitled to cancellation and
refund when he later discovered he had purchased only a life estate.
Words "bargain, sell and convey" do not import a covenant of fee simple
title. Use of word "heirs" does not create a warranty of fee simple
title. Michie v. National Bank of Caruthersville (A.), 558 S.W.2d 270.

Where a grantor, by the terms of his deed, undertakes to convey
to the grantee an indefeasible estate in fee simple absolute, and shall
not, at the time of such conveyance, have the legal title to the estate
sought to be conveyed, but shall afterward acquire it, the legal estate
subsequently acquired by him shall immediately pass to the grantee; and
such conveyance shall be as effective as though such legal estate had
been in the grantor at the time of the conveyance. (RSMo 1939 § 3497)

Prior revisions: 1929 § 3107; 1919 § 2266; 1909 § 2871

(1959) When person executes two or more mortgages or deeds of trust on
the same land, a foreclosure of the senior mortgage will only temporarily
extinguish or cut out a junior mortgage, if the mortgagor subsequently
acquires title to the land, and the junior mortgage will be revived and
reinstated against the land. Sabine v. Leonard (Mo.), 322 S.W.2d 831.

All deeds, grants and conveyances made, acknowledged and
recorded as other deeds conveying lands, tenements or hereditaments to
any county, or the inhabitants of any county, and their successors, or to
the governor, or any person, by whatever form of conveyance, for the use
and benefit of any county, shall vest in such county, in fee simple, all
the right, title, interest and estate which the grantor in such deed had,
at the time of the execution thereof, in the lands thereby conveyed.
(RSMo 1939 § 3505)

Prior revisions: 1929 § 3115; 1919 § 2274; 1909 § 2879

CROSS REFERENCE: Commissioner to sell county lands--deeds by, RSMo
49.280, 49.290

Every interest in real estate granted or devised to two or more
persons, other than executors and trustees and husband and wife, shall be
a tenancy in common, unless expressly declared, in such grant or devise,
to be in joint tenancy. (RSMo 1939 § 3504)

Prior revisions: 1929 § 3114; 1919 § 2273; 1909 § 2878

(1961) Deed drawn by layman conveying land to mother and daughter "as
tenants by entirety and to the survivor of them", and repeating such
language in the quitclaim provision and in the habendum clause created a
joint tenancy in mother and daughter. Powers v. Buckowitz (Mo.), 347
S.W.2d 174.

(1962) Land devised to three people "to share equally and to the
survivors of them" created a joint life tenancy in devisees with a
contingent remainder in the survivor, and no joint tenant can by
conveyance, partition or otherwise destroy the right of survivorship.
Johnson v. Woodard (A.), 356 S.W.2d 526.

(1967) The use of the words "as tenants by the entirety" in relation to
two persons who are not husband and wife creates no presumption of a
joint tenancy. Horton v. Estate of Elmore (A.), 420 S.W.2d 48.

The term "heirs", or other words of inheritance, shall not be
necessary to create or convey an estate in fee simple, and every
conveyance of real estate shall pass all the estate of the grantor
therein, unless the intent to pass a less estate shall expressly appear,
or be necessarily implied in the terms of the grant. (RSMo 1939 § 3496)

Prior revisions: 1929 § 3106; 1919 § 2265; 1909 § 2870

CROSS REFERENCE: Devise omitting words "heirs and assigns" creates fee
simple, RSMo 474.480

(1959) Provision of contract conveying realty, granting to purchaser soil
from the seller's adjoining tract for a fill on the land conveyed held to
be a covenant running with the land even though such provision omitted
the words "his heirs and assigns". Kerrick v. Schoenberg (Mo.), 328
S.W.2d 595.

(1960) Conveyance to two persons with habendum clause reciting that
grantees are to hold "as joint tenants, and not as tenants in common,
with right of survivorship, and to their heirs and assigns forever"
created joint tenancy and the right of survivorship was defeated by a
subsequent conveyance by one of joint tenants. McClendon v. Johnson
(Mo.), 337 S.W.2d 77.

In cases where, by the common or statute law of England, any
person might become seized in fee tail of any lands, by virtue of any
devise, gift, grant or other conveyance, or by any other means whatever,
such person, instead of being seized thereof in fee tail, shall be deemed
and adjudged to be, and shall become, seized thereof for his natural life
only; and the remainder shall pass in fee simple absolute to the person
to whom the estate tail would, on the death of the first grantee, devisee
or donee in tail, first pass according to the course of the common law,
by virtue of such devise, gift, grant or conveyance. (RSMo 1939 § 3498)

Prior revisions: 1929 § 3108; 1919 § 2267; 1909 § 2872

(1955) Use by testator of technical language which at common law would
create fee tail, was intended to be given its statutory significance and
thus created a life estate with remainder over. Pixlee v. Petty (Mo.),
274 S.W.2d 257.

(1955) Deed "to J.R.B. and E.B. (his wife) and her bodily heirs by
J.R.B." created life estate in J.R.B. and E.B. and, because they were
husband and wife, their interest was by the entirety. Such life estate
did not terminate during life of either J.R.B. or E.B. even though they
were divorced, and the interest of their child was contingent on his
qualifying as bodily heir of survivor at time of her death. Bullock v.
Porter, 365 Mo. 572, 284 S.W.2d 598.

(1977) Held, adoption does not prevent adopted child from being "heir of
the body" for the purpose of taking the fee on the death of his natural
parent who was a tenant in tail. See also dissent. Morris v. Ulbright
(Mo.), 558 S.W.2d 660.

Where a remainder in lands or tenements, goods or chattels,
shall be limited, by deed or otherwise, to take effect on the death of
any person without heirs, or heirs of his body, or without issue, or on
failure of issue, the words "heirs" or "issue" shall be construed to mean
heirs or issue living at the death of the person named as ancestor. (RSMo
1939 § 3499)

Prior revisions: 1929 § 3109; 1919 § 2268; 1909 § 2873

CROSS REFERENCE: Adopted child may prevent failure of issue, RSMo 453.090

Where a remainder shall be limited to the heirs, or heirs of the
body, of a person to whom a life estate in the same premises shall be
given, the persons who, on the termination of the life estate, shall be
the heir or heirs of the body of such tenant for life shall be entitled
to take as purchasers in fee simple, by virtue of the remainder so
limited in them. (RSMo 1939 § 3500)

Prior revisions: 1929 § 3110; 1919 § 2269; 1909 § 2874

CROSS REFERENCE: Devise for life and to children in fee after his death
creates life estate and remainder in fee simple, RSMo 474.470

(1957) Conveyance to wife and heirs of her body by warranty deed which
contained statement that grantor conveys to grantees "all his right,
title and interest in the above land, to be effective at his death,
reserving herein a life estate in said land, intending at the death of
his wife, Myrtle Weaver, for the land to descend to the heirs of her
body", held valid conveyance and not testamentary disposition. Cook v.
Daniels (Mo.), 306 S.W.2d 573.

Lineal and collateral warranties, with all their incidents, are
abolished; but the heirs and devisees of every person who shall have made
any covenant or agreement shall be answerable, upon such covenant or
agreement, to the extent of the lands descended or devised to them, in
the cases and in the manner prescribed by law; and devisees shall be
answerable to the same extent as provided by law in case of heirs. (RSMo
1939 § 3501)

Prior revisions: 1929 § 3111; 1919 § 2270; 1909 § 2875

(1957) Where remaindermen took by purchase and not by descent or devise,
they were not bound by warranties made by grantor in conveyance made
subsequent to the conveyance made to them. Cook v. Daniels (Mo), 306
S.W.2d 573.

When an estate has been or shall be, by any conveyance, limited
in remainder to the son or daughter, or to the use of the son or daughter
of any person to be begotten, such son or daughter born after the decease
of his or her father shall take the estate in the same manner as if he or
she had been born in the lifetime of the father, although no estate shall
have been conveyed to support the contingent remainder after his death.
And hereafter an estate of freehold or of inheritance may be made to
commence in future by deed, in like manner as by will. (RSMo 1939 § 3502)

Prior revisions: 1929 § 3112; 1919 § 2271; 1909 § 2876

A future estate, depending on the contingency of the death of
any person without heirs or issue, or children, shall be defeated by the
birth of a posthumous child of such person, capable of taking by descent.
(RSMo 1939 § 3503)

Prior revisions: 1929 § 3113; 1919 § 2272; 1909 § 2877

When a party as tenant for life, or by the curtesy, or in dower,
is entitled to the annual interest on a sum of money, or is entitled to
the use of any estate, or part thereof, and is willing to accept a gross
sum in lieu thereof, or the party liable for such interest, or affected
by such claim, has the right to pay a gross sum in lieu thereof, or if
the court in any legal proceedings adjudge or decree a gross sum to be
paid in lieu thereof, the sum shall be estimated according to the then
value of an annuity of six percent on the principal sum during the
probable life of such person, according to the following table, showing
the present value, on the basis of six percent interest, of an annuity of
one dollar, according to the Carlisle tables of mortality, payable at the
end of every year that a person of a given age may be living for the ages
therein stated:

TABLE

Age Present value

0 $10.439

1 12.078

2 12.925

3 13.652

4 14.042

5 14.325

6 14.460

7 14.518

8 14.526

9 14.500

10 14.448

11 14.384

12 14.321

13 14.257

14 14.191

15 14.126

16 14.067

17 14.012

18 13.956

19 13.897

20 13.835

21 13.769

22 13.697

23 13.621

24 13.541

25 13.456

26 13.368

27 13.275

28 13.182

29 13.096

30 13.020

31 12.942

32 12.860

33 12.771

34 12.675

35 12.573

36 12.465

37 12.354

38 12.239

39 12.120

40 12.002

41 11.890

42 11.779

43 11.668

44 11.551

45 11.428

46 11.296

47 11.154

48 10.998

49 10.823

50 10.631

51 10.422

52 10.208

53 9.988

54 9.761

55 9.524

56 9.280

57 9.027

58 8.772

59 8.529

60 8.304

61 8.108

62 7.913

63 7.714

64 7.502

65 7.281

66 7.049

67 6.803

68 6.546

69 6.277

70 5.998

71 5.704

72 5.424

73 5.170

74 4.944

75 4.760

76 4.579

77 4.410

78 4.238

79 4.040

80 3.858

81 3.656

82 3.474

83 3.286

84 3.102

85 2.909

86 2.739

87 2.599

88 2.515

89 2.417

90 2.266

91 2.248

92 2.337

93 2.440

94 2.492

95 2.522

96 2.486

97 2.368

98 2.227

99 2.004

100 1.596

101 1.175

102 0.744

103 0.314 (RSMo 1939 § 3522)

Prior revisions: 1929 § 3132; 1919 § 7547; 1909 § 8499

(1961) Statutes relating to reserves and nonforfeiture provisions of life
insurance policies do not apply to term policies. Kern v. Prudential Ins.
Co. of America, 393 F.2d 251.

Calculate the interest at six percent upon the sum to the income
of which, or upon the value of the property to the use of which, the
person is entitled; multiply this interest by the present value of an
annuity of one dollar, as set opposite the person's age in the table, and
the product will be the gross value of the life estate of such person
therein. The age of such person as indicated by the birthday nearest to
the time when said computation is made shall be taken to be the age of
such person in making said computation. (RSMo 1939 § 3523)

Prior revisions: 1929 § 3133; 1919 § 7548; 1909 § 8500

Suppose a person whose age is forty-two is tenant for life in
the whole of an estate worth ten thousand five hundred dollars; the
annual interest on that sum at six percent is six hundred and thirty
dollars. The present value of an annuity of one dollar at the age of
forty-two, as appears by the table, is eleven dollars and seventy-seven
cents and nine mills, which multiplied by six hundred and thirty dollars,
gives seven thousand four hundred and twenty dollars and seventy-seven
cents as the gross value of such life estate in the premises, or the
proceeds thereof. Again suppose a widow whose age is thirty-six is
entitled to dower in real estate worth twelve thousand dollars; interest
on four thousand dollars, the third part thereof, for one year, is two
hundred and forty dollars, which, multiplied by twelve dollars and
forty-six cents and five mills, the present value of annuity of one
dollar at the age of thirty-six, as appears by the table, gives two
thousand nine hundred and ninety-one dollars and sixty cents, as the
gross value of such dower. (RSMo 1939 § 3524)

Prior revisions: 1929 § 3134; 1919 § 7549; 1909 § 8501

1. When any limitation or provision violates the rule against
perpetuities or a rule or policy corollary thereto and the instrument
containing the limitation or provision also contains other limitations or
provisions which do not in themselves violate the rule against
perpetuities or any such rule or policy, the other limitations or
provisions shall be valid and effective in accordance with their terms
unless the limitation or provision which violates the rule against
perpetuities or such rule or policy is manifestly so essential to the
dispositive scheme of the grantor, settlor or testator that it is
inferable that he would not wish the limitations or provisions which do
not in themselves violate the rule against perpetuities to stand alone.
Doubts as to the probable wishes of the grantor, settlor or testator
shall be resolved in favor of the validity of limitations and provisions.

2. When any limitation or provision violates the rule against
perpetuities or a rule or policy corollary thereto and reformation would
more closely approximate the primary purpose or scheme of the grantor,
settlor or testator than total invalidity of the limitation or provision,
upon the timely filing of a petition in a court of competent
jurisdiction, by any party in interest, all parties in interest having
been served by process, the limitation or provision shall be reformed, if
possible, to the extent necessary to avoid violation of the rule or
policy and, as so reformed, shall be valid and effective.

3. This section shall not apply to any limitation or provision as to
which the period of the rule against perpetuities has begun to run prior
to the first day of November in the year in which this section becomes
effective. (L. 1965 p. 628 § 1, A.L. 1978 H.B. 1634)

Effective 1-2-79

In determining the validity of limitations appointed in the
exercise of a general power of appointment exercisable only at the death
of the donee of the power by will or other instrument, or of limitations
in default of such appointment, the perpetuities period and any similar
period shall run from the death of the donee of the power and not from
the time of creation of the power.

(L. 1993 S.B. 277)

Except as provided in sections 442.560 to 442.591, persons not
citizens of the United States and not residents of the United States or
of some territory, trusteeship, or protectorate of the United States, and
corporations not created by or under the laws of the United States or of
some state, territory, trusteeship, or protectorate of the United States
shall be capable of acquiring, by grant, purchase, devise or descent,
real estate except agricultural land as defined in section 442.566, or
any interest therein, in this state, and of owning, holding, devising, or
alienating the same, and shall incur the like duties and liabilities in
relation thereto as if they were citizens of the United States and
residents of this state. The provisions of sections 442.560 to 442.591
shall not apply to agricultural land located in counties which border the
state of Oklahoma which was owned by such a person described in this
section prior to January 1, 1995. (RSMo 1939 § 15228, A.L. 1965 p. 632,
A.L. 1978 S.B. 685, A.L. 1995 H.B. 211)

Prior revisions: 1929 § 14011; 1919 § 590; 1909 § 748

*Transferred 1959; formerly 9.010

CROSS REFERENCE: Title by descent, alienage not a bar, RSMo 474.100

As used in sections 442.560 to 442.591, unless the context
clearly requires otherwise, the following terms mean:

(1) "Agricultural land", any tract of land in this state consisting of
more than five acres, whether inside or outside the corporate limits of
any municipality, which is capable, without substantial modification to
the character of the land, of supporting an agricultural enterprise,
including but not limited to land used for the production of agricultural
crops or fruit or other horticultural products, or for the raising or
feeding of animals for the production of livestock or livestock products,
poultry or poultry products, or milk or dairy products. Adjacent parcels
of land under the same ownership shall be deemed to be a single tract;

(2) "Alien", any person who is not a citizen of the United States and who
is not a resident of the United States or of some state, territory,
trusteeship, or protectorate of the United States;

(3) "Director", the director of the Missouri department of agriculture;

(4) "Family members" includes all persons within the ninth degree of
consanguinity, or the living or surviving spouse of any person within the
ninth degree of consanguinity;

(5) "Foreign business", any business entity whether or not incorporated,
including but not limited to corporations, partnerships, limited
partnerships, and associations, in which a controlling interest is owned
by aliens. In determining ownership of a foreign business, legal fictions
such as corporate form or trust shall be disregarded;

(6) "Residence", the place of general abode; the place of general abode
of a person means his principal, actual dwelling place in fact, where he
intends to remain permanently or for an indefinite period of time at
least. (L. 1978 S.B. 685 § 2, A.L. 1993 H.B. 566 merged with S.B. 84)

1. Except as provided in sections 442.586 and 442.591, no alien
or foreign business shall acquire by grant, purchase, devise, descent or
otherwise agricultural land in this state. No person may hold
agricultural land as an agent, trustee, or other fiduciary for an alien
or foreign business.

2. Any alien or foreign business who acquires agricultural land in
violation of sections 442.560 to 442.591 remains in violation of sections
442.560 to 442.591 for as long as he holds an interest in the land. (L.
1978 S.B. 685 § 3)

(1995) Where alien owner of farmland who owned farmland on effective date
of statute wishes to devise, deed, transfer or otherwise dispose of
farmland to his two sons, who are also aliens, grandfather clause of
statute provided alien with legally-protected interest in farmland. By
excluding aliens from the class of potential grantees, Missouri statute
limits right of owner to dispose of land. Statute invades one of the
recognized incidents of property ownership. Von Kerssenbrock-Praschma v.
Saunders, 48 F.3d 323 (8th Cir.).

(1997) Statute is rationally related to a legitimate state interest and
is not unconstitutional. Von Kerssenbrock-Praschma v. Saunders, 121 F.3d
373 (8th Cir.).

1. If the director finds that an alien or foreign business or an
agent, trustee, or other fiduciary therefor has acquired agricultural
land in Missouri after August 13, 1978, or the land ceases to be used for
nonagricultural purposes under section 442.591, he shall report the
violation to the attorney general.

2. The attorney general shall institute an action in the circuit court of
Cole County or the circuit court in any county in which agricultural land
owned by the alien or foreign business, agent, trustee or other
fiduciary, alleged to have violated sections 442.560 to 442.591, is
located.

3. The attorney general shall file a notice of the pendency of the action
with the recorder of deeds of each county in which any portion of such
agricultural lands is located. If the court finds that the lands in
question have been acquired in violation of sections 442.560 to 442.591,
it shall enter an order so declaring and shall file a copy of the order
with the recorder of deeds of each county in which any portion of the
agricultural lands is located. The court shall order the owner to divest
himself of the agricultural land. The owner must comply with the order
within two years. The two-year limitation period shall be a covenant
running with the title to the land against any alien grantee or assignee.
Provided, however, an incorporated foreign business must divest itself of
agricultural land within the minimum time required by article XI, section
5, of the Missouri Constitution. Any agricultural lands not divested
within the time prescribed shall be ordered sold by the court at a public
sale in the manner prescribed by law for the foreclosure of a mortgage on
real estate for default in payment. (L. 1978 S.B. 685 § 4)

Any person who obtains a lease on agricultural land for a term
of ten years or longer or a lease renewable at his option for terms which
might total ten years has acquired agricultural land within the meaning
of sections 442.560 to 442.591. (L. 1978 S.B. 685 § 5)

Sections 442.560 to 442.591 shall not apply to agricultural land
now owned in this state by aliens or foreign businesses so long as it is
held by the present owners or their direct descendants including any
trust for the benefit of either and any legal person owned or controlled
by either including but not limited to corporations, limited liability
corporations, partnerships, and limited liability partnerships, nor to
any alien who is or shall take up bona fide residence in the United
States; and any alien who is or shall become a bona fide resident of the
United States shall have the right to acquire and hold agricultural lands
in this state upon the same terms as citizens of the United States during
the continuance of such bona fide residence in the United States; except,
that if any resident alien shall cease to be a bona fide resident of the
United States, such alien shall have two years from the time he ceased to
be a bona fide resident in which to divest himself of such agricultural
lands. Any agricultural lands not divested within the time prescribed
shall be ordered sold by the court at a public sale in the manner
prescribed by law for the foreclosure of a mortgage on real estate for
default in payment. (L. 1978 S.B. 685 § 6, A.L. 1993 H.B. 566 merged with
S.B. 84, A.L. 1999 H.B. 708)

The restrictions set forth in sections 442.560 to 442.592 shall
not apply to agricultural land or any interest therein acquired by an
alien or foreign business for immediate or potential use in nonfarming
purposes. An alien or foreign business may hold such agricultural land in
such acreage as may be necessary to its nonfarm business operation;
provided, however, that pending the development of agricultural land for
nonfarm purposes, such land may not be used for farming except under
lease to a family farm unit; a family farm corporation defined in section
350.010, RSMo; an alien or foreign business which has filed with the
director under sections 442.560 to 442.592; or except when controlled
through ownership, options, leaseholds or other agreements by a
corporation which has entered into an agreement with the United States of
America pursuant to the New Community Act of 1968 (Title IV of the
Housing and Urban Development Act of 1969, 42 U.S.C. 3901-3914), as
amended, or a subsidiary or assignee of such a corporation. (L. 1978 S.B.
685 § 7, A.L. 1979 S.B. 34)

1. For the purposes of this section, the term "foreign person"
means:

(1) An individual who is not a citizen of the United States and who has
not been lawfully admitted to the United States for permanent residence
under the Immigration and Nationality Act or who has not been made a
citizen by an act of Congress;

(2) An entity, other than an individual or a government, that is created
or organized under the laws of a nation other than the United States, or
that has its principal place of business in a foreign nation;

(3) An entity, other than an individual or a government, that is created
or organized under the laws of the United States or of some state,
territory, trusteeship or protectorate of the United States and that, as
defined in regulations to be prescribed by the director, is substantially
controlled by individuals referred to in subdivision (1) of this
subsection, entities referred to in subdivision (2) of this subsection,
governments of foreign nations, or any combination of such individuals,
entities, or governments; and

(4) A government of a foreign nation.

2. Any foreign person who holds any interest (including leaseholds of ten
or more years and beneficial interests in the agricultural land under
contracts of sale or similar arrangements), other than a security
interest, in agricultural land on September 28, 1979, shall submit, or
have a designated agent submit, a report to the director of agriculture
not later than sixty days after September 28, 1979; provided, however,
that no reporting requirement attaches to any holding by an alien or a
foreign person or a foreign business of an interest in agricultural land
for the extraction, refining, processing or transportation of oil, gas,
coal or lignite. Such report shall be submitted in such manner as the
director shall prescribe by regulation and shall contain:

(1) The legal name and address of the foreign person;

(2) In any case in which the foreign person is an individual, the
citizenship of the foreign person;

(3) In any case in which the foreign person is not an individual or a
government:

(a) The nation in which the foreign person is created or organized;

(b) The principal place of business of the foreign person;

(c) The legal name and address of each person who holds a substantial
interest (as defined in regulations to be prescribed by the director) in
the foreign person and, in any case in which the holder of such an
interest is an individual, the citizenship of the holder and, in any case
in which the holder of such an interest is not an individual or a
government, the nation in which the holder is created or organized and
the principal place of business of the holder;

(4) The type of interest in the agricultural land that is held by the
foreign person;

(5) A legal description of the agricultural land, including the county in
which the land is located and the total acreage involved;

(6) The date of acquisition of the interest and the purchase price paid
for, or any other consideration given for, the interest;

(7) A declaration of the type of agricultural activity engaged in by the
reporting foreign person;

(8) In the case where any foreign person holds an interest in
agricultural land for the purposes outlined in section 442.591, a
declaration of intent as to the intended use of the land.

3. No rule or portion of a rule promulgated under the authority of
sections 442.560 to 442.591 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo.

4. Any foreign person who acquires or transfers any interest (including
leaseholds of ten years or more and beneficial interests in the
agricultural land under contracts of sale or similar arrangements), other
than a security interest, in agricultural land shall submit, or have a
designated agent submit, a report to the director not later than thirty
days after the date of such acquisition or transfer; provided, however,
that no reporting requirement attaches to an acquisition or transfer by
an alien or a foreign person or a foreign business of an interest in
agricultural land for the extraction, refining, processing, or
transportation of oil, gas, coal or lignite. Such report shall be
submitted in such manner as the director shall prescribe by regulation
and shall contain:

(1) The legal name and address of the foreign person;

(2) In any case in which the foreign person is an individual, the
citizenship of the foreign person;

(3) In any case in which the foreign person is not an individual or a
government:

(a) The nation in which the foreign person is created or organized;

(b) The principal place of business of the foreign person;

(c) The legal name and address of each person who holds a substantial
interest (as defined in regulations to be prescribed by the director) in
the foreign person and, in any case in which the holder of such an
interest is an individual, the citizenship of the holder and, in any case
in which the holder of such an interest is not an individual or a
government, the nation in which the holder is created or organized and
the principal place of business of the holder;

(4) The type of interest in the agricultural land that is acquired or
transferred by the foreign person;

(5) A legal description of the agricultural land including the county in
which the land is located and the total acreage involved;

(6) The purchase price paid or received for, or any other consideration
given or received for, the interest;

(7) In any case in which the foreign person transfers the interest, the
legal name and the address of the person to whom the interest is
transferred, and

(a) In any case in which the transferee is an individual, the citizenship
of the transferee; and

(b) In any case in which the transferee is not an individual or a
government, the nation in which the transferee is created or organized
and the principal place of business of the transferee;

(8) A declaration of the type of agricultural activity engaged in by the
reporting foreign person;

(9) In the case where any foreign person acquires an interest in
agricultural land for the purposes outlined in section 442.591, a
declaration of intent as to the intended use of the land.

5. The director may promulgate rules and regulations pertaining to the
form and content of reports required by this section; the procedures for
filing such reports; and the analysis and distribution of findings and
determinations based on the reports required by this section.

6. (1) The director shall:

(a) Analyze the information obtained under this section and determine the
effects of foreign persons acquiring, transferring and holding
agricultural land, particularly the effects of such acquisitions,
transfers and holdings on family farms and rural communities; and

(b) Transmit to the governor and each house of the general assembly a
report on the director's findings and conclusions regarding each analysis
and determination made under paragraph (a) above;

(2) An analysis and determination shall be made, and a report on the
director's findings and conclusions regarding such analysis and
determination transmitted:

(a) With respect to information obtained by the director under this
section during the six-month period following September 28, 1979, within
nine months after such date;

(b) With respect to information obtained by the director under this
section during the twelve-month period following September 28, 1979,
within fifteen months after such date; and

(c) With respect to each calendar year following the twelve-month period
referred to in paragraph (b), within ninety days after the end of such
calendar year.

7. Any foreign person who fails to file a report required under the
provisions of this section is liable to the state in civil penalty. The
civil penalty shall be determined by the circuit court in an amount not
to exceed twenty-five percent of the fair market value of the interest in
agricultural land with respect to which the violations occurred on the
date of the assessment of the penalty. The attorney general shall recover
the amount of any civil penalty assessed in a civil action in the circuit
court in the county in which any part of the land involved is located.
(L. 1979 S.B. 34, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

1. The fact that a parcel of real property, or any building or
structure thereon, may be a psychologically impacted real property, or
may be in close proximity to a psychologically impacted real property
shall not be a material or substantial fact that is required to be
disclosed in a sale, exchange or other transfer of real estate.

2. "Psychologically impacted real property" is defined to include:

(1) Real property in which an occupant is, or was at any time, infected
with human immunodeficiency virus or diagnosed with acquired immune
deficiency syndrome, or with any other disease which has been determined
by medical evidence to be highly unlikely to be transmitted through the
occupancy of a dwelling place; or

(2) Real property which was the site of a homicide or other felony, or of
a suicide.

3. No cause of action shall arise nor may any action be brought against
any real estate agent or broker for the failure to disclose to a buyer or
other transferee of real estate that the transferred real property was a
psychologically impacted real property. (L. 1991 S.B. 138 § 10)

1. In the event that any parcel of real property to be sold,
exchanged or transferred is or was used as a site for methamphetamine
production, the seller or transferor shall disclose in writing to the
buyer or transferee the fact that methamphetamine was produced on the
premises, provided that the seller or transferor had knowledge of such
prior methamphetamine production. The seller or transferor shall disclose
any prior knowledge of methamphetamine production, regardless of whether
the persons involved in the production were convicted for such production.

2. A seller or transferor of any parcel of real property shall disclose
in writing the fact that any premises to be sold or transferred either
was the place of residence of a person convicted of any of the following
crimes, or was the storage site or laboratory for any of the substances
for which a person was convicted of any of the following crimes, provided
that the seller or transferor knew or should have known of such
convictions:

(1) Creation of a controlled substance in violation of section 195.420,
RSMo;

(2) Possession of ephedrine with intent to manufacture methamphetamine in
violation of section 195.246, RSMo;

(3) Unlawful use of drug paraphernalia with the intent to manufacture
methamphetamine in violation of subsection 2 of section 195.233, RSMo;

(4) Endangering the welfare of a child by any of the means described in
subdivision (4) or (5) of subsection 1 of section 568.045, RSMo; or

(5) Any other crime related to methamphetamine, its salts, optical
isomers and salts of its optical isomers either in chapter 195, RSMo, or
in any other provision of law. (L. 2001 S.B. 89 & 37)

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